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Sunday, March 30, 2014

Dought & clear, - Who is the guardian of anillegitimate daughter when it comes to her getting married?















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A muslim man and woman had an affair and had an illegitamate child from that affair. The married woman took the child into her house and remained married to her husband. It was decided that the biological father would provide for his daughter and that she would live in the house of her mother and her mothers husband. The biological father became a very religious man and it is almost 20 years after this incident. She now lives in a house with her mother, her mother's husband and her older half-brother and half-sister.
Who is the wali of this girl? The biological father who provided for her for 20 years, the step-father, or her older half-brother who also lives with them?.
Praise be to Allaah.
Firstly:
The scholars (may Allah have mercy on them) differed concerning the illegitimate child. Is he to be attributed to his zaani father or not? There are two opinions, which have been discussed in the answers to questions no. 33591 and 85043. The more correct view is that he should be attributed only to his mother and that he should not be attributed to the zaani.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said inFataawa Islamiyyah(3/370): “With regard to the child who is born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e., this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his legitimate child.” End quote.
Secondly:
Once it is established that the illegitimate child is not to be attributed to the zaani, then he has no ‘asbah [male relatives on the father's side].
It says inAsna’l-Mataalib(13/288): The illegitimate child has no ‘asbah because he is not attributed to the father. End quote fromTarqeem al-Shaamilah.
Some of the scholars are of the view that his ‘asbah with regard to inheritance is his mother, or his mother’s ‘asbah [male relatives on her father’s side]. With regard to guardianship for marriage and other matters, he has no ‘asbah.
It says inal-Iqnaa‘(4/505): The ‘asbah of the illegitimate child is the ‘asbah of his mother with regard to inheritance only. … But they have no guardianship authority with regard to marriage or other matters. End quote.
Based on that, this girl does not have any guardian on the basis of blood ties, so her guardian is the Muslim ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the guardian of the one who has no guardian.” Narrated by Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani inSaheeh Abi Dawood.
If you are in a country where there is no Muslim ruler, then her guardian is the director of the Islamic Centre in her country; if there is no such person then it is the imam of the mosque.
And Allah knows best.








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Dought & clear, - Marriage after a haraam relationship in which there was no zina















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A man and a woman repented from an unlawful sexual relationship, but they continued to kiss and embrace, but without a sexual relationship, then they got married after that. Is this marriage permissible?.
Praise be to Allaah.
Firstly:
A relationship between a man and a woman outside of marriage, which is what is called an unlawful relationship, is haraam, regardless of the level of this relationship and whether it goes as far as an intimate relationship or zina (sexual relationship), which is the most reprehensible and abhorrent type of sins and one of the gravest of major sins that poses the greatest danger to the individual’s religious commitment and faith, or it is less than that, such as looking, touching or kissing. All of that is haraam and these are types of zina in the general sense, and are things that lead to the greater immoral action.
See the answers to questions no. 27259, 23349and 9465.
Secondly:
If marriage takes place after a haraam relationship between a man and woman, then one of the following scenarios must apply:
1.
Either that marriage comes after an illegitimate sexual relationship, in which case the marriage is not valid except on the condition that both the man and woman repent from zina and it be established that the woman is not pregnant as a result of the haraam relationship, because Allah, may He be exalted, says (interpretation of the meaning):“The adulterer/fornicator marries not but an adulteress/fornicatress or a Mushrikah; and the adulteress/fornicatress, none marries her except an adulterer/fornicater or a Mushrik [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 (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer/fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islâmic Monotheism)” [al-Noor 24:3].
For more information please see the answer to questions no. 85335and 11195.
2.
That marriage comes after a haraam relationship, but the relationship did not go as far as zina, such as kissing, touching and other haraam actions that are less serious than zina. In this case the marriage is valid, because it cannot be said of those who fell into this haraam relationship that they committed zina.
And Allah knows best.








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For children, - Envy in Islam, Jealousy and Islam















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Imam Jafar Sadiq (as) said: There is no tranquility for the envious
Imam Jafar Sadiq (as) said: There is no prosperity for envious
Imam Jafar Sadiq (as) said: Calamities for one's religion are envy, self-admiration and pride
Imam Jafar Sadiq (as) said: Satan (Iblis) says to his gang: 'Instill envy and disobedience among them (human beings) because these two are equal to shirk (polytheism)'
Imam Jafar Sadiq (as) said: Beware of envying each other for indeed the basis of disbelief (kufr) is envy
Hazrat Luqman (as) said to his son: The envious person has three signs: backbiting behind them (whom he envies), flatters them in front and is happy when they are in trouble.
So what should a believer do when he/she observes a blessing that he/she lacks is possessed by another servant of Allah (SWT)?
He/she should desire that the blessing possessed by another servant of Allah (SWT) should remain as such and increase and may Allah (SWT) bestow him/her with the same blessing.
He/she must not desire that the blessing be lost from the servant of Allah (SWT). He/she must appreciate that Allah (SWT) has bestowed the blessing to His servant by His own grace and he/she should be happy with Allah (SWT).
Imam Jafar Sadiq (as) said: A believer desires (to achieve) a blessing and avoids envy while a hypocrite envies and is not desirous of (achieving) the blessing
O Allah, Bless Muhammad and his Household and provide me with a breast safe from envy, such that I envy none of Thy creatures and in anything of Thy bounty and such that I see none of Thy favors toward any of Thy creatures in religion or this world, well-being or reverential fear, plenty or ease, without hoping for myself better than it through and from Thee alone, who hast no associate! Imam Zainul Abideen (as)









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