Fathwa, - She wants divorce from her abusive ..

Question
Selam aleküm, my story is a bit complicated. I'm just escaped from my
violent, psychopathic man from Turkey. I am a German woman who has
lived in Alanya for almost 9 years and since October 2005, I am
married with this Muslim man. At first everything was quite normal,
but he had hit me in the time already 2 times and so much so that
there the police had already come. However, I have forgiven him again
and believed that it is better. In part, it went well. In December
2006 he came to prison and came out in October 2012. From this time he
gets more and more made and made my life to hell and he also takes a
lot of drugs and alcohol, he got more and more psychological problems.
He has repeatedly dragged me into the Mountains of Alanya, so in total
solitude, and wanted to kill me. 2 weeks ago he hit me, hurt with a
knife and knocked out two teeth. All this is considered aggravated
assault. I was just scared for my life and last Sunday I just run away
back to my family in germany, only with my stuff I had on his body.
Luckily I had my passport, because he has partly taken from me. Now to
my question: How can I get a divorce from this man. We are just
married in the muslim way, not from goverment. In his eyes we are
still married, I dont wont to make a mistake. He speaks repeatedly of
Namuz and I take it very seriously. He says, otherwise he must kill
me. Can you speak via email, sms or otherwise the divorce also? He
prays nearly never also not Friday ... He drinks alcohol every day,
and take many other drugs. He has cheated me with other women. In
addition, he also has a "real" wife, which he married on paper. He can
not provide for his wife, with whom he has two children, and for me.
But I am working for them. He always talks as if he is acting on
behalf of Allah. This man is very, very terrible and because of his
drugs he is unfortunately mentally disturbed. Thank you for your help
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.
If the situation is as you mentioned that your husband is committing
those grave major sins and ugly actions, then you should not hesitate
in separating from him. For more benefit, please refer to Fatwa
131953.
Dear sister, we do not have the authority to issue divorce or
invalidate your marriage; it is the Muslim judge who has this
authority. Therefore, you should take your case to an Islamic court to
issue divorce or invalidate marriage. If there are no Islamic courts,
then you should take the case to the scholars in Islamic Centers in
your country.
Allaah Knows best.

Fathwa, - A woman's father's son from Zina is..

Question
A Salam 'Aleykoum. Before getting married with my mother my father had
a son with a non Muslim woman. I decide to keep in touch with him
again, because I learnt that in Islam family links are very important.
But after talking to him on the internet I made some research and
found out that he was not my brother from an Islamic point of view.
But is he still a mahram? I told myself that yes, because genetically
we have the same father so we can't get married, but I prefer to ask
someone of knowledge to be sure. So can I shake his hand and take off
my hijab )and do all the thinks women are alowed to do when with
mahram( in front of him? Thank you for your answer and may Allah
soubhannah wa ta'ala bless you.
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.
If this boy is the son of your father from Zina )fornication or
adultery( – we seek refuge in Allaah from it – then he is not a Mahram
to you. Therefore, it is not permissible for you to be in seclusion
with him, or to touch him, or to show your adornment in his presence;
rather, he is like all other non-Mahram men to you ]and you should
consider him so[.
Allaah Knows best.

Fathwa, - Divorced father's right to see his ..

Question
Salaamu aleikoum, I have a daughter from previous marriage who is now
14. She's been living with me in my care for all her life. I was
Islamically married to my ex, but he never married me in the civil
manner. It wasn't a good marriage, but I don't go into details
publicly. He didn't sign her birth certificate aknowledging he is the
father. We got divorced when my daughter was 1yr. He hasn't given her
her rights as far as maintence, affection, etc. He's only seen her 4x
in her life, and calls once a year. He mostly wants to talk to me.
he's been more interested in what I'm doing, than her. 5yrs after the
divorce I remarried then moved to a Muslim country. He knew about this
and has no problem with it. During his calls, he wants to talk to me,
asking about my life and demanding to take her for the summer. I've
told him I rather him talk to my husband or directly to our daughter.
I give daughter the phone. He makes her all kind of promies but yet to
fulfill them. I have no problem giving him his right to relationship,
but I think he needs to take baby step and prove himself1st. Start by
calls, visits before demanding to take her. So I am asking, is it his
right to take her )out of the country( for visits, while he really
isn't doing his duty? What should we do, to make sure everyone is
getting their rights? BarakAllahu fikoum
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.
Scholars held different opinions regarding the custody of the daughter
after the age of seven. Some of them view that her father is entitled
to her custody if he is eligible for that. Others believe that she is
given the choice whether to live with her father or mother. In any
case, whoever has the right to custody from both parents does not have
the right to prevent the other from seeing the child. The father's
being negligent in his duty to spend on his daughter does not waive
his right to see her and to her kind treatment towards him.
There is nothing wrong if the girl travels with her father to his
country as long as the journey is safe; otherwise it will not be
permissible. Accordingly, such issues need an Islamic judge to decide
what is good for the child. We advise you to refer your cause to an
Islamic court; and if that is not possible )in case you live in a
non-Muslim country(, then refer it to the Islamic Centers. Allaah
Knows best.

The Dayyooth is deprived of Paradise

The purifiedSharee'ahof Islam encourages good manners and forbids bad
ones owing to the harm that affects individuals and societies when bad
manners prevail.
The IslamicSharee'ahcame to guard the purity of progenies and to
protect people's honor against anything that would soil or transgress
them. Therefore, it sets the severest forms of punishment for anyone
who thinks of violating the honor of others. Allaah The Almighty Says
)what means(:}The ]unmarried[ woman or ]unmarried[ man found guilty of
sexual intercourse - lash each one of them with a hundred lashes, and
do not be taken by pity for them in the religion of Allaah...{]Quran
24:2[
This punishment is applied to unmarried persons. Married adulterers,
however, receive the punishment of stoning to death under
theSharee'ah. The IslamicSharee'ahalso prohibits marrying a person who
is known for practicing illegal sexual intercourse. Allaah The
Almighty Says )what means(:}The fornicator does not marry except a
]female[ fornicator or polytheist, and none marries her except a
fornicator or a polytheist, and that has been made unlawful to the
believers.{]Quran 24:3[
Not only does theSharee'ahdo so, but it also raises the status of
guarding honor so high that a person who is killed in defense of his
honor will gain the degree of a martyr. The Prophet,sallallaahu
'alayhi wa sallam, said:"A person who is killed in defense of his
honor is a martyr."
Moreover, theSharee'ahbrings up its adherents on being protectively
jealous about their honor: The Prophet,sallallaahu 'alayhi wa sallam,
said about this attribute in a Companion of his:"Do you wonder at
Sa'd's jealousy? By Allaah, I am more jealous than him, and Allaah Is
more jealous than me..."
Indeed, there is no good in a person who has no protective jealousy,
for such a person moves towards Hell and distances himself from
Paradise. He also makes his honor vulnerable to assault from anybody.
This is theDayyooth, who is he who does not feel jealous when his
honor is violated and who overlooks the indecency and immoral behavior
of his family while he knows that it is wrong to do so. By doing this,
he exposes himself to disgrace and humiliation.
Arabs and especially Muslims still venerate matters of honor. They
respect the person who defends his honor and female family members,
even if this means that he sacrifices his life and wealth. They guard
their honor with whatever wealth they may have, for there is no value
of any wealth when honor is lost. Moreover, if a person disregards
this, he will be worthless in this world and in the Hereafter, and
will be away from Allaah The Almighty. The Prophet,sallallaahu 'alayhi
wa sallam, said:"Allaah The Almighty will not look at three persons on
the Day of Resurrection: a person who is undutiful to his parents; a
masculine woman; and the Dayyooth."]Saheeh[
This incurable disease does not afflict anyone but the person who
lacks a sense of honor and jealousy and whose faith is weak. He does
not care about non-Mahram)i.e., marriageable( men visiting his
womenfolk, intermixing with them, or them appearing unveiled before
them.
In fact, a person would be utterly shocked at seeing such "men" buying
clothes for their women that reveal more than they cover, or clothes
that are transparent and display the charms of the body. They are
happy that people look at the 'Awrah)nakedness( of their wives or the
women whom Allaah has made them responsible for. They boast of their
liberation from decency and virtue, and behave immorally and
indecently. Such a man is a corpse in the guise of a living person.
Al-Ghazaali, may Allaah have mercy upon him, said,"If a person lacks
proper manly fervor, he is unlikely to react appropriately towards any
assault against his womenfolk or wife. He will submissively bear
humiliation from evil people and will have low self-esteem. This may
cause such a person to lack any feeling of protective jealousy
regarding his womenfolk. In this case, his offspring may become
adulterated. Therefore it is said: 'Once protective jealousy dies down
in the men of a particular nation, the chastity of its women will be
weakened.'"
Ath-Thahabi, may Allaah have mercy upon him, said,"A man who realizes
immorality in his wife and ignores it because he loves her, or because
he owes her money that he is unable to pay back, or because he owes
her a large dowry, or because he has young children from her, then
there will be no good in him for he lacks jealousy. A person who
possesses this attitude is the Dayyooth."
The Mass Media Encourages theDayyooth
People may think that the mass media shape the Muslim's personality in
an upright manner, but the reality is the opposite. It is in fact one
of the greatest encouragers of theDayyoothand a destroyer of
protective jealousy. It broadcasts immoral pornographic scenes,
obscene advertisements and lewd songs. It beautifies such dissolute
men and women and presents them as examples. Women even chant their
love of a specific actor or singer in front of their husbands, fathers
and brothers, who have no reaction at all. In some media programs, a
married woman or a girl may call to express her love and adoration of
the actor, paying no attention to the reaction of her male relatives,
perhaps, because she is certain they will not object.