Rulings on Marriage, - * He committed zina with a married woman who was estranged from her husband; can he marry her if her husband divorces her?

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There is a woman who was abused by her husband who was an alcoholic, so therefore, she left her country to come to North America. She thought she was divorced automatically because someone told her that fact she was away from her husband for one year, she becomes automatically divorced. She met a muslim man at work and he confirmed to her that she indeed was not divorced, in her situation. As they got to know each other, they fell in love and even committed zina. Finally, the woman got her divorce papers, and completed her iddah period. During the iddah, both man and woman stopped seeing each other, and felt remorse and guilt for their sins, and made taubah and repented to Allah. Theyre planning on getting married soon inshaAllah, so I wanted to know if their marriage is valid? I heard that there are a few scholars of the Maliki maddab who say that a man who spoils the marital status of a woman is not allowed to marry that woman. But most scholars have agreed that this marriage would still be valid. And the man is not sure if he falls under this category because the woman already had intention to divorce before she met him. Also, the man is of Hanafi school thought and the woman is of Shafii if this helps. Even though the majority of scholars say that marriage is valid, I wanted to be clear and know the correct view inshaAllah if they may marry and worship Allah throughout their halal marriage. Please advise.
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Praise be to Allah
If a woman leaves her husband or a man leaves his wife for one or two years, or for more or less time than that, the marriage remains valid until the man actually divorces his wife. So long as that has not happened, and the man has not uttered the word of divorce (talaaq) to his wife, or has not written words to that effect with the intention of divorcing her, then the woman is still his wife, even if the separation has gone on for a long time.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked: When is a woman regarded as divorced? He said: The woman is regarded as divorced if her husband issues a divorce (talaaq) to her when he is of sound mind and does so by choice, with no impediment to divorce such as insanity, intoxication and the like, and the woman is pure (i.e., not menstruating), during a period of purity in which he has not had intercourse with her, or she is pregnant or postmenopausal.
End quote fromFataawa at-Talaaq, 1/35
For more information, please see the answer to question no. 11681
Secondly:
Zina (fornication or adultery) is one of the major sins; the degree of sin is worse and the punishment is multiplied if the woman is married, because that is a betrayal of her husband … Hence the punishment for an unmarried zaani is one hundred lashes, and the punishment for a previously married zaani is stoning to death.
Allah, may He be exalted, says (interpretation of the meaning):
“And come not near to the unlawful sexual intercourse. 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)”
Al-Isra’ 17:32].
Shaykh as-Sa‘di (may Allah have mercy on him) said: The prohibition on approaching it or coming near it is more eloquent than merely prohibiting the action, because that includes the prohibition on all the things that may lead to it or promote it, because the one who approaches a forbidden area will soon find himself wandering in it, especially in the case of this matter which is very tempting for many people.
Allah described zina and its abhorrent nature as a “faashishah” (something that transgresses its limits); in other words it is a sin that is regarded as immoral and odious in terms of sharee‘ah, rational thought and sound human nature, because it implies transgression of the sacred limits with regard to the rights of Allah, the rights of the woman and the rights of her family or husband, betrayal of marriage, confusion of lineage, and other negative consequences.
The words “and an evil way” mean: what an evil way is the way of the one who dares to commit this grave sin.
End quote fromTafseer al-Kareem ar-Rahmaan fi Tafseer Kalaam al-Mannaan, 1/457
What they must both do is repent sincerely, turn back to Allah and keep away from the things that lead to zina. Whoever repents, Allah will accept his repentance.
For more information on the crime of zina and repentance therefrom, please see the answer to question no. 47924and 138270
Secondly:
The basic principle is that it is not permissible for the zaani to marry the zaaniyah until after they have repented sincerely, because Allah, may He be exalted, says (interpretation of the meaning):
“The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik (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, or a Mushrik (polytheist, pagan or idolater, etc.) And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress, etc.)). Such a thing is forbidden to the believers (of Islamic Monotheism)”
[an-Noor 24:3].
Repentance is attained by regretting (what one has done) and resolving not to go back to the sin. So long as they have repented and regretted what they fell into of sin, it is valid for them to marry according to most of the scholars.
Ibn Qudaamah (may Allah have mercy on him) said:
If a woman commits zina, it is not permissible for the one who knows of that to marry her unless two conditions are met:
1. That her ‘iddah has ended
2. That she has repented from zina.
If these two conditions are met, it is permissible for the zaani or anyone else to marry her, according to the opinion of most of the scholars, including Abu Bakr, ‘Umar, Ibn ‘Umar, Ibn ‘Abbaas, Jaabir, Sa‘eed ibn al-Musayyab, Tawoos, Jaabir ibn Zayd, ‘Ata’, al-Hasan, ‘Ikrimah, az-Zuhri, ath-Thawri, ash-Shaafa‘i, Ibn al-Mundhir, and ashaab ar-ra’y.
It was narrated from Ibn Mas‘ood, al-Bara’ ibn ‘Aazib and ‘Aa’ishah that she is not permissible (in marriage) for the zaani under any circumstances. They said: They are still zaanis whenever they are together, because of the general meaning of the verse and the report.
It may be that what they meant by that was the period before they repent or before it is established that she is not pregnant, in which case it is the same as our view.
With regard to it being forbidden in absolute terms, that is not correct, because Allah, may He be exalted, says (interpretation of the meaning):“All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property” [an-Nisa’ 4:24].
Because she is permissible (in marriage) for someone other than the one who committed zina with her, she is also permissible to him, like any other woman.
End quote fromal-Mughni, 7/108.
Thirdly:
It is not permissible for a Muslim to turn a woman against her husband because that leads to the breakup of families, even if there was a bitter dispute between the spouses. Some scholars regarded this as a major sin. The Prophet (blessings and peace of Allah be upon him) said: “He is not one of us who turns a woman against her husband.” Narrated by Abu Dawood, 2175; classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Abu Dawood (5170) also narrated that Abu Hurayrah said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever turns a man’s wife or slave against him is not one of us.”
Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Shaykh ‘Abd al-‘Azeem Abaadi (may Allah have mercy on him) said:
“Whoever turns a woman against her husband” (means) by mentioning the husband’s bad qualities to his wife, or mentioning the good qualities of another man to her.
‘Awn al-Ma‘bood, 6/159
And he said “Whoever turns a man’s wife” means: he deceives her and corrupts her, or makes the idea of divorce attractive to her so that he or someone else can marry her, and so on.
‘Awn al-Ma‘bood, 14/52
Al-Mannaawi (may Allah have mercy on him) said: Our shaykh, ash-Sha‘raawi, said: That also includes the case where a woman who is angry with her husband comes to him so that he can reconcile between them, for example, so he offers her abundant food and wants to spend on her and honour her, even if that is in order to honour her husband, then her heart may be inclined to someone else and she starts to look down on her husband. This is also included in this hadeeth. The wise man should be careful with regard to such matters, even if his intention is good.
He said: I did this several times; I put pressure on the woman who was angry with her husband, and I advised my family to leave her hungry, so that she would go back and would appreciate how blessed she was with her husband.
End quote fromFayd al-Qadeer Sharh al-Jaami‘ al-Kabeer, 6/159
Fourthly:
If a person turns a woman against her husband and spoils her for him so that she leaves him, then he marries her, his marriage is not valid and they must be separated, according to the view favoured by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). This is also the view of the Maalikis. For more information on the ruling on this issue and what is meant by turning a woman against her husband, please see the answer to question no. 84849
Based on the above, if this man is the one who turned the woman against her husband, so that she would get divorced for his sake, it is not permissible for him to marry her, especially when he has committed zina with her. There is a difference of opinion concerning marriage of the zaani to the woman with whom he committed zina. In this case he has combined two evils: turning a woman against her husband and zina.
But if he is not the one who turned her against her husband, as appears to be the case from the question, and he only got to know her and meet her after she had left her husband and she had left his house, then his marriage to her is valid, if she has got divorced from her first husband, on condition that they both repent to Allah, may He be exalted, from what occurred between them.
And Allah knows best.

Rulings on Marriage, - * The widespread belief that it is makrooh toget married inAllah’s month Muharram

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Is getting married in the month of Muharram haraam, as I have heard from some people?
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Praise be to Allah
There is nothing wrong with getting married or proposing marriage in the sacred months of Allah (Muharram) which is the beginning of the lunar year. That is neither makrooh nor haraam. That is based on a great deal of evidence, including the following:
Firstly:
The basic principle is that things are permissible, unless there is a report to suggest otherwise. The basic shar‘i principle on which the scholars are unanimously agreed is that with regard to traditions and activities, the basic principle is that they are permissible so long as there is no evidence to suggest that they are forbidden. As there is nothing in the Qur’an or Sunnah, or scholarly consensus and analogy, or reports, to indicate that it is not allowed to get married in the month of Muharram, then our rulings and fatwas should be based on the ruling that it is basically permissible.
Secondly:
The scholarly consensus that it is permissible is, at the minimum, a consensus of silence, as we have not found any of the earlier or later scholars, among the Sahaabah or Taabi‘een, or among the widely accepted imams and their followers until the present day, stating that it is haraam, or even makrooh, to get married or propose marriage in the month of Muharram.
If anyone disallows that, it is sufficient evidence for rejecting his opinion to note that he has given a fatwa for which there is no evidence and which has not been suggested by any of the scholars.
Thirdly:
The month of Muharram is one of the venerated and honourable months of Allah. Concerning its virtue, it was narrated that the Prophet (blessings and peace of Allah be upon him) said: “The best of fasts after Ramadan is Allah’s month of Muharram.” Narrated by Muslim, 1163. It is the month that Allah has described as His, and has ordained that fasting during this month brings a greater reward than fasting in other months; therefore it is appropriate for a Muslim to seek the blessing of this month by doing such acts, and not to be sad or to fear getting married at that time, or to regard it as inauspicious, as was the custom during the Jaahiliyyah.
Fourthly:
If anyone gives as evidence for not allowing marriage at this time the fact that the month of Muharram is the month in which al-Husayn ibn ‘Ali (may Allah be pleased with him) was martyred, as some of the Raafidis do, the response to that should be as follows:
There is no doubt that the day of the martyrdom of Husayn (may Allah be pleased with him) is a day of great calamity in the history of Islam, but it does not mean that we should rule it to be haraam to get married or propose marriage at that time. There is nothing in Islam to suggest that we should renew sorrow and grief in annual commemorations and continue morning to the extent that we forbid any expressions of joy.
We are within our rights to ask the one who says that: Isn’t the day on which the Messenger of Allah (blessings and peace of Allah be upon him) died the greatest calamity that befell the Muslim ummah? So why is it not also haraam to get married during that entire month, namely Rabee‘ al-Awwal? Why hasn’t that ruling that it is haraam or makrooh been narrated from any of the Sahaabah or members of the Prophet’s household (Ahl al-Bayt), or the scholars after them?
Similarly, if we were to renew our sorrow on every day on which one of the great leaders of Islam, from among the family (ahl al-bayt) of the Prophet (blessings and peace of Allah be upon him) or others, was killed or martyred or died, there would be too many such days to ever allow any day of joy and happiness, and the people would be burdened with unbearable hardship. Undoubtedly introducing innovations into the religion of Allah is, first and foremost, going to harm the people who go against Islamic teachings, those who think that they can add something to make Islam perfect (when it is already perfect), and are not content with it as it has been prescribed by Allah for His slaves.
Some of the historians stated that the first one to introduce this opinion, and indeed the first one to introduce the innovation of renewing outward displays of mourning at the beginning of the month of Muharram was the Safavid Shah Ismaa‘eel (907-930 AH), as Dr. ‘Ali al-Wardi says inLamahaat Ijtimaa‘iyyah min Tareekh al-Islam, 1/59:
Shah Ismaa‘eel did not only use terror as a means of spreading Shi‘ism; rather he also employed other means, namely propagation and winning over people’s hearts and minds. He issued orders that ceremonies be organised to commemorate the murder of al-Husayn in the manner that is still followed now. This way of commemoration was originally introduced by the Buwayhids in Baghdad in the fourth century AH, but those who came after them had neglected this practice. Then finally Shah Ismaa‘eel came along and developed it and added to it the gatherings for mourning, in such a manner that they had a strong impact on people’s hearts. It may be true to say that this is one of the strongest factors in the spread of Shi‘ism in Iran, because of what they involve of expressions of grief and weeping, accompanied by large numbers of flags, beating the drums and so on, which leads to instilling the belief in people’s hearts on an emotional basis. End quote.
Fifthly:
Moreover, some historians regard it as most likely that ‘Ali ibn Abi Taalib (may Allah be pleased with him) married Faatimah (may Allah be pleased with her) at the beginning of 3 AH.
Ibn Katheer (may Allah have mercy on him) said:
Al-Bayhaqi quoted fromal-Ma‘rifah by Abu ‘Abdullah ibn Mandah that ‘Ali married Faatimah one year after the Hijrah, and consummated the marriage with her one year after that. According to this view, the consummation of his marriage to her occurred at the beginning of 3 AH.
End quote fromal-Bidaayah wa’n-Nihaayah, 3/419.
There are also other opinions concerning this issue, but the point is that none of the scholars ever objected to marriage in Muharram; rather the one who marries at that time has a good example in Ameer al-Mu’mineen ‘Ali and his marriage to as-Sayyidah Faatimah, the daughter of the Messenger of Allah (blessings and peace of Allah be upon him).
And Allah knows best.

About Salam

* The meaning of blessings and salaams upon the Prophet (peace and
blessings of Allaah be upon him)
:
What is the meaning of blessings and salaams upon the Prophet (peace
and blessings of Allaah be upon him)?.
Praise be to Allaah.
"Blessings upon the Prophet (peace and blessings of Allaah be upon
him)" – according to the majority of scholars, what is meant is mercy
from Allaah, prayers for forgiveness offered by the angels, and du'aa'
offered by humans. Others – including Abu'l-Aaliyah among the earlier
scholars and Ibn al-Qayyim among the later scholars, and Ibn
'Uthaymeen among the contemporary scholars – are of the view that the
meaning of blessings upon the Prophet (peace and blessings of Allaah
be upon him) is praise for him among the "higher group" (al-mala'
al-'a'la, i.e., the angels, cf. al-Saffaat 37:8), and the prayers of
the angels and the Muslims for blessings upon him (peace and blessings
of Allaah be upon him) are for him to be praised by Allaah among the
"higher group" (the angels). Ibn al-Qayyim (may Allaah have mercy on
him) wrote a book on this topic entitledJala' al-Afhaam fi Fadl
al-Salaati wa'l-Salaam 'ala Khayr il-Anaam, in which he discussed at
length the meaning of blessings upon the Prophet (peace and blessings
of Allaah be upon him), the rulings thereon, and its benefits.
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on him) said:
The phrase "Bless Muhammad (salli 'ala Muhammad)" – it was said that
blessing from Allaah means mercy, blessings from the angels means
prayer for forgiveness, and blessing from humans means du'aa'.
If it is said: "The angels sent blessings upon him," it means that
they prayed for forgiveness for him.
If it is said, "The khateeb sent blessings upon him," it means that he
prayed for blessing for him.
If it is said, "Allaah sent blessings upon him," it means that He
bestowed mercy upon him.
This is well known among the scholars, but the correct view is
something different, because blessing (salaah) is more specific than
mercy. Hence the Muslims are unanimously agreed that it is permissible
to pray for mercy for every believer, but they differed as to whether
we may pray for blessings (using this specific word ofsalaahorsalli
'ala…) for anyone other than the Prophets. If the wordsalaahhere is
taken to mean mercy, then there is no difference between them, and
just as we pray for mercy for a person we may send blessings upon
them.
Moreover, Allaah says (interpretation of the meaning):
"They are those on whom are the Salawaat (i.e. who are blessed and
will be forgiven) from their Lord, and (they are those who) receive
His Mercy, and it is they who are the guided ones"
[al-Baqarah 2:157].
The wordrahmah(mercy) is mentioned in conjunction with the
wordsalawaat(blessings), which indicates that they are two different
things, so the meaning of the verse is clear. The scholars (may Allaah
have mercy on them) used the wordsalaah(blessings) in some places and
the wordrahmah(mercy) in others, sosalaahis the not the same as mercy.
The best that cane be said concerning this is what Abu'l-'Aaliyah (may
Allaah have mercy on him) said: The salaah (blessing) of Allaah upon
the Prophet (peace and blessings of Allaah be upon him) is His
praising him among the "higher group" (the angels).
So what is meant byAllaahumma salli 'alayhi(O Allaah send blessings
upon him) is: O Allaah, praise him among the higher group, i.e., among
the angels who are close to Allaah.
If someone were to say that this is unlikely from a linguistic point
of view, becausesalaahin Arabic means supplication, not praise, the
answer to that is that the wordsalaahis also connected to the
wordsilah(gift), and there can be no doubt that praise for the
Messenger of Allaah (peace and blessings of Allaah be upon him) among
the higher group (angels) is one of the greatest gifts, for praise may
sometimes be more important to a person than all else. So a good
mention is a great gift.
Based on this, the correct view is that sending blessings (salaah)
upon him means praise for him along the higher group (the angels). End
quote.
Al-Sharh al-Mumti', 3/163, 164
With regard to the meaning of sending salaams upon him (peace and
blessings of Allaah be upon him), this means praying for the soundness
(salaamah) of his body during his lifetime, and the soundness of his
religious commitment (peace and blessings of Allaah be upon him), the
soundness of his body in the grave, and his safety and well being on
the Day of Resurrection.
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on him) said:
The phraseal-salaamu 'alayka. It was said that the meaning of
al-Salaam is one of the names of Allaah, because the Prophet (peace
and blessings of Allaah be upon him) said: "Allaah is al-Salaam (the
One Free from all defects)" and Allaah says in His Book
(interpretation of the meaning):"the King, the Holy, the One Free from
all defects" [al-Hashr 59:23]. So according to this view, the meaning
is: May Allaah protect, keep safe and take care of His Messenger
(peace and blessings of Allaah be upon him). It is as if we are
saying: Allaah is watching over you, protecting you, helping you, etc.
And it was said that salaam is a noun that comes from the root sallama
(to greet), and means a greeting, as Allaah says (interpretation of
the meaning):"O you who believe! send your Salaah on (ask Allaah to
bless) him (Muhammad), and (you should) greet (salute) him with the
Islamic way of greeting (salutation, i.e. As‑Salaamu 'Alaykum)"
[al-Ahzaab 33:56]. The meaning of greeting the Messenger (peace and
blessings of Allaah be upon him) is to pray for him and ask that he be
kept safe from all harm.
It may be said: This du'aa' is something obvious during his lifetime,
(peace and blessings of Allaah be upon him), but after his death, how
can we pray that he be kept safe and sound when he (peace and
blessings of Allaah be upon him) has died?
The answer is that prayer for safety and well-being are not limited to
the time when someone is alive. There are the terrors of the Day of
Resurrection yet to come. Hence the prayer of the Messengers when the
people cross al-siraat (a bridge over Hell) will be: "Allaahumma,
sallim, sallim(O Allaah, grant safety, grant safety)." A man does not
cease to face danger and harm just because he has died.
So we pray for the Prophet (peace and blessings of Allaah be upon
him), that he will be kept safe from the terrors of the standing (on
the Day of Resurrection).
We also say that there may be a more general meaning, i.e., that
safety and protection for him also includes protection for his
sharee'ah and Sunnah, that they may be kept safe from the hands of
those who would tamper with them, as the scholars said concerning the
verse (interpretation of the meaning):"refer it to Allaah and His
Messenger" [al-Nisa' 4:59]– they said: Refer to him during his
lifetime, and to his Sunnah after his death.
Is the phrase "al-salaamu 'alayka" a statement or a du'aa'? i.e., are
you saying that the Messenger is protected, or are you praying that
Allaah will protect him?
The answer is that it is a du'aa', asking that Allaah will protect
him. So it is a statement that serves as a du'aa'.
Is addressing the Messenger (peace and blessings of Allaah be upon
him) like one person addressing another?
The answer is no. If that were the case, then the prayer would be
invalidated thereby, because no ordinary human speech is acceptable
during this prayer. If that were the case, the Sahaabah would have
said it out loud so that the Prophet (peace and blessings of Allaah be
upon him) would hear them, and he would have returned the greeting, as
happened when they met him. But, as Shaykh al-Islam [Ibn Taymiyah]
said in his bookIqtida' al-Siraat al-Mustaqeem: Because you think so
much about the Messenger (peace and blessings of Allaah be upon him)
when you send salaams upon him, it is as if he is in front of you and
you are addressing him.
Hence the Sahaabah used to say "Al-salaamu 'alayka" although he could
not hear them, and they would say "Al-salaamu 'alayka" when they were
in one land and he was in another, and we say "al-salaamu 'alayka"
although we are in lands other than his, and in a time other than his.
End quote.
Al-Sharh al-Mumti', 3/149, 150
And Allaah knows best.

General Articles, - * What does Islam say about the phenomenon of déjà vu? What should a person do if that happens to him?

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Can you please tell if there is an Islamic explanation of Deja vu (seeing something and realizing that you have seen the exact same thing before). What should a person do when such a thing happens to him?
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Praise be to Allah
Déjà vu is a French phrase meaning already seen. It refers to a person feeling that he has lived or seen before the situation he is currently experiencing.
Neurologists and psychologists differ concerning the explanation of this phenomenon.
Some them attribute it to an anomaly in the memory, having to do with connections between the nerves that are responsible for short-term memory and long-term memory.
Some of them attribute it to feelings or emotions being experienced in the present, that bring to mind details of some past events, which makes us feel that we have lived the present event before.
Some of them attribute it to information that we learned before, but we forgot it, then the brain retrieved it, so we imagine that we lived through the event twice.
However, many followers of certain religious beliefs or parapsychological schools of thought attribute the phenomenon of déjà vu to supernatural forces, or parapsychological interpretations, explaining it on the basis of ideas such as telepathy or hypnosis, or attributing it to ghosts or poltergeists, or other speculative interpretations for which there is no evidence.
You should understand that there is no Islamic explanation for this phenomenon, and it is not discussed in the Qur’an or Sunnah, or by any of the scholars of Islam, and it has no connection to any of the fundamental or basic teachings of Islam.
Regarding this matter, there is nothing except hypothesis or observation in the realms of experimental neurology, or speculation and claims made by followers of innovated or polytheistic religious beliefs that have nothing to do with Islam.
If this happens to you, all you have to do is reflect on the great blessing that Allah has bestowed upon you by maintaining your memory and keeping it free from troubles and ailments, and protecting your mind from mental illness and harm. How confused have the scientists been, and how much have they argued and differed concerning the interpretation of this phenomenon, yet despite that they have not reached any definitive conclusion about it!
This is indicative of man’s great ignorance of many things, and his inability to explain many of the secrets of the brain and other faculties. For more information, please see the following books:
The Déjà Vu Experience, by Alan Brown
The Déjà Vu Enigma, by Marie Jones
And Allah knows best.