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Wednesday, April 9, 2014

Fathwa, - Her co-wife wants her husband to di..

Question
I have quite a long-explanation question to ask you, but in brief: I
am a European woman married to a Palestinian man as a second wife. We
married more than one year ago but we knew each other for two years
already and my husband used to be in a situation of adultery before we
sealed our destinies before Allah. I precise that I converted to Islam
)I was a Catholic( the day I married. My husband didn't tell his first
wife about our wedding because he told me he asked imams and got the
information he could marry a second wife without his first one
knowing. But after one year of wedding, he decided to tell her. And
yet, after having been trying to accept the idea for her husband's
sake and Allah's sake, she definitely refused this union, asking her
husband to divorce me, what we don't want to deep inside us. They
already have four children together and my husband is 18 years older
than me. We are not living in the same country yet and we never lived
together until now, excepted for the summer period which came after
our wedding. I don't want to divorce and I am ready to accept my
husband's first wife's conditions but it seems she is not enough
spiritual to understand Islam as a comprehensive religion. And my
husband and his first wife's families wouldn't be keen accepting
polygamy. I feel disappointed by Arabs who should be at the vanguard
of Islamic doctrina and way of life. What do you suggest me to do?
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.
What those Imaams told your husband is correct: a man can marry a
second wife without informing his first wife, but it is her right over
him that he be just between her and his other wife. This is the
condition that Allaah has stipulated upon anyone who wants to take a
second wife; Allaah says )what means(: }...then marry those that please
you of ]other[ women, two or three or four. But if you fear that you
will not be just, then ]marry only[ one ...{ ]Quran 4:3[
Hence, we cannot set a condition that Allaah has not set.
It is impermissible for a woman to ask her husband to divorce his
other wife, as we have already clarified in Fataawa86514and86783.
The husband should not accept her demands and divorce his wife just
because his first wife requested this and is putting pressure on him
to do so. We advise him to be wise and solve the problem in a calm and
correct manner. At the same time, he should seek the help of Allaah
and ask for success and guidance.
Using indirectness is one of means of doing so. For example, he may
speak with expressions by which his wife understands that his other
wife is no longer his wife while he intends another meaning. Speaking
with indirectness is better than openly lying. For more benefit about
indirect speech )Tawriyah(, please refer to Fatwa96115. The fact that
he is not living with you now may help him handle this situation in
light of what we have mentioned.
For more benefit, please refer to Fatwa91150and86783.
Finally, we warn Muslims to beware of blaming Islam for the bad
behavior of some Arabs or Muslims, as some Arabs do not believe in
Allaah and they are in fact hostile to Islam and the Muslims. An
example of this isAbu Lahabwho was the uncle of the Prophet. He
disbelieved in Allaah and was hostile and caused harm to the Prophet.
Indeed, a Soorah of the Quran was revealed about him and his wife as
they both used to harm the Prophet. Moreover, some Muslims may be
hypocrites, and this type of people existed at the time of the
Prophetand the Quran exposed them, and a Soorah was named after them
]Al-Munaafiqoon )the Hypocrites([.
To sum up, Islam remains with its glory, beauty, principles and
rulings which achieve happiness in the world and the Hereafter.
Allaah Knows best.

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Fathwa, - Implanted intrauterine device by non-Muslim

Question
Is it Halal to put intrauterine contraceptive device in a woman to
avoid pregnancy by a non-Muslim physician? She has just delivered and
needs to rest for medical reason.
Answer
Praise be to Allah, the Lord of the World; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions.
It is Haram to put/use a loop unless there is a dire need, that
necessitates it, since such an action causes exposing Awrah )private
parts( and preventing offspring, which is urged by the Law Maker
)Allah and His Messenger(.
Thus, if there is need and one's goal of using the loop can not be
fulfilled through 'Azl )setting apart one's sperm to go through wife's
womb or with condom( or contraceptive tablets or unharmful chemical
injection and so on, then there is no objection to use or put the
loop. But, it should be put by a Muslim female doctor; if this is not
available then by a non-Muslim female doctor; if it is not available
then by a male Muslim doctor; if not available then by a non-Muslim
doctor.
Allah knows best.

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Fathwa, - Operation to prevent pregnancy

Question
My friend has eight children and she is pregnant. She is suffering
from Dawali in her legs and she found it hard to serve more kids. She
was asking me if she can have an operation to stop becoming pregnant
and because I cannot have children yet. So I told her that kids are
wonderful and Allah )SWT( will reward her for having educated Muslim
kids. Later I felt guilty because she may take my word for it and I
will be responsible about any harm that happens to her. So would you
tell me by evidence from Qur'an or Sunnah can she have this operation?
You should know that she tried every thing not to get pregnant and she
could not. The doctors said this is the only way.
Answer
Praise be to Allah, the Lord of the World; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions.
You are not a sinner rather you are a well-doer, al-Hamdu Lillah. In
fact, you will get good reward on your advice and guidance, Insha
Allah.
As for family planning we have issued Fatwa concerning this matter..
Allah knows best.

Personal, - Are We True Muslims? - I

Brothers in Islam! Who are true Muslims? Let Us see what Allaah
Almighty and His Messenger, sallallaahu alayhi wa sallam, have to say
about their lives and hearts:
Allaah Almighty Says )what means(:}Say: My prayers and my sacrifices,
and my living and my dying are for Allaah Alone, the Lord of all the
worlds. No partner has He. Thus I have been commanded, and I am
foremost among those who surrender ]themselves unto Him[{]Quran 6:
163-4[.
The same theme is elucidated by the Prophet, sallallaahu alayhi wa
sallam: "One who loves for the sake of Allaah Alone and hates for the
sake of Allaah Alone; and whatever he gives, gives for the sake of
Allaah Alone, and whatever he withholds, withholds for the sake of
Allaah Alone -indeed, he perfects his Imaan )faith(." ]Abu Daawood[
The Quran makes clear what Allaah Almighty demands of you. You should
devote yourselves wholly to the service of Allaah Almighty, you should
live for Him Alone, you should die for Him Alone. You, and the world
around you, entirely belong to Allaah Almighty; let nobody have a
share in what belongs to Allaah The Most High. That is to say, you
should not serve anyone but Him, nor live or die for anyone but Him,
Almighty.
The Prophet, sallallaahu alayhi wa sallam, explains what the Quran has
said. To be a true believer, your love and enmity for everything, all
your affections, all relations and transactions in your lives, should
have only one purpose: to seek Allaah's Pleasure. Without this your
faith itself will not be complete; the possibility of rising higher in
the sight of Allaah Almighty does not arise. The greater the
deficiency in this respect, the more defective the faith.
Some people think that these qualities are required only to reach
higher spiritual stations and are not essential to Imaan )faith( and
Islam. In other words, even without these qualities a person can be a
good believer and a Muslim. This mistaken notion has arisen because
people in general do not differentiate between legal Islam and true
Islam which alone is truly authentic in the sight of Allaah Almighty.
Two Types of Islam
Legal Islam
Under legal Islam, on which jurists and states must base their
dealings, what lies in your hearts and minds is not taken into
account, nor can it be. Your verbal affirmation and those essential
signs which must flow out of that affirmation are accepted as
sufficient evidence of your Islam. Anyone who affirms by word of mouth
belief in Allaah, the Messenger, the Quran, the Hereafter and other
articles of faith, and who also fulfils those necessary conditions
which provide proof of his affirmation, is considered part of Muslim
society and all dealings with him are to be conducted as with a
Muslim.
This definition provides the legal and cultural basis on which Muslim
society is organized. Its purpose is no more than that all those who
enter into the Muslim Ummah )nation( al recognized as Muslims: nobody
from among them can b called a disbeliever; every one of them must
have the same mutual legal, moral and social rights; they should be
entitled to marry among Muslims; they should be eligible to receive
the share in inheritance; all other civil relations should be
established with them.
True Islam
However, in the world-to-come, you cannot be judged as Muslim and a
believer on the basis of this legal affirmation, nor on this basis
will Allaah Almighty accept you as one of His chosen servants. What
will count then is having faith in hearts, and willingly and wholly
submitting lives to Allaah Almighty. Whatever verbally affirmed is
meant for courts and for the common man and the Muslim society. For
they can only see the exterior, but Allaah Almighty sees deep into
your hearts and knows precisely the degree of your faith.
How will He judge a man? Allaah Almighty will see whether he lived and
died for Him Alone, whether his loyalties to Him superseded all other
loyalties, whether his obedience and his service, indeed his entire
life, were devoted only to Him Almighty. If they were solely for
Allaah Almighty then he will be adjudged a believer and a Muslim, but
if they were for someone else, then he will not be adjudged a Muslim
nor a believer. Whoever falls short of this criterion will, to the
extent he falls short, be lacking in faith and Islam, irrespective of
how important a Muslim the world may judge him and of any high
positions he may hold. With Allaah only one thing matters: whether or
not you have given away in His way all that He Almighty has given you.
If you have, you will be granted the reward which is reserved for
those who are loyal and render the service that is due. Bu if your
submission has been less than total, if you spare any part of your
life from His service, your claim to be Muslims which implies that you
have wholly given up yourselves to Allaah Almighty, will be a
deceptive claim. Although you may be able to mislead the world and
persuade the Muslim society to grant you its membership and all the
rights of Muslims, Allaah The All-Knowing cannot be deceived into
assigning a place for you among His faithful.
Reflect on the differences between legal Islam and true Islam and you
can see that their consequences will vary greatly, not only in the
Hereafter but also in this world; the life pursuits, character and
disposition of a true Muslim will be totally different from one who
merely parades the outward trappings of faith. You will always
encounter these two types of Muslims.

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