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Tuesday, December 12, 2017

Invalid Marriages, - * Marrying with the intention of getting divorced is haraam

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What is the ruling on marrying with the intention of getting divorced?
A man may be travelling and he gets married, but his intention is to divorce her when he wants to go back to his own country.
Published Date: 2008-02-05
Praise be to Allaah.
Some scholars said that a marriage done with the intention of getting divorced is an invalid marriage, because it is temporary, so it is akin to mut’ah marriage.
Among those who are of this opinion are the scholars of the Standing Committee for Issuing Fatwas. We have quoted their fatwa in the answer to question no. 91962.
Others are of the view that it is a valid marriage, but it is haraam due to the deceit and betrayal involved, because if the woman and her guardian knew that the husband was only getting married with the intention of divorce after a few days or a month and so on, they would not have agreed to that.
Among those who are of this opinion is Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him). He was asked:
There is a man who wants to go abroad because he is being sponsored by the government, and he wants to maintain his chastity by marrying a woman there for a specific period, then after that he will divorce this wife, without telling her that he is going to divorce her. What is the ruling on his doing this?
He replied:
One of two scenarios must apply to this marriage that is done with the intention of divorce. Either he stipulates in the marriage contract that he is marrying her for a month or a year or until his studies end, which is a mut’ah marriage and is haraam, or he is intending that without stipulating it. The well known Hanbali view is that it is haraam and the marriage contract is invalid, because they say that that which is intended is like that which is stipulated, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions and each person will have but that which he intended.” And because if a man marries a woman who was divorced thrice by her husband for the purpose of making her permissible for him, then he divorces her, then the marriage is invalid, even if that is done without any stipulation, because that which is intended is like that which is stipulated. If the intention is tahleel (making it permissible for the woman to go back to her first husband) then the contract is invalid. Similarly the intention of mut’ah renders the marriage contract invalid. This is the view of the Hanbalis. The other scholarly view concerning this issue is that it is valid to marry the woman with the intention of divorcing her when he leaves the country, like those who go abroad to study and so on. They said: Because this is not stipulated, and the difference between this and mut’ah is that when the time stipulated comes, separation is automatic, unlike this, because he may like this wife and want her to stay with him. This is one of the two views of Shaykh al-Islam Ibn Taymiyah.
In my view, it is valid and is not mut’ah, because the definition of mut’ah does not apply to it. But it is haraam because it is deceiving the wife and her family, and the Prophet (peace and blessings of Allaah be upon him) forbade deceiving and cheating. If the wife knew that this man only wanted to marry her for this period, she would not have married him and her family would not have agreed. Just as he would not want to give his daughter in marriage to a person who intends to divorce her when he no longer has any need of her, how can he agree to treat others in a way that he would not like for himself? This is contrary to faith, because the Prophet (peace and blessings of Allaah be upon him) said: “No one of you is a believer until he likes for his brother what he likes for himself.” And because I have heard that some people use this opinion as a means to do something which no scholar would approve: they go to other countries just to get married, so they go and get married, and they stay there for as long as Allaah wills with this wife whom they intended to marry for a short time only, then come back. This is also a grave wrong and closing the door to it would have been better because of the deceit and betrayal involved in it, and because it opens the door to such things, as most people are ignorant and most people’s whims and desires encourage them to transgress the sacred limits of Allaah. End quote.
Fataawa al-Mar’ah al-Muslimah(2/757, 758).
It says in the resolutions of the Fiqh Council:
Marrying with the intention of divorce means: a marriage in which the conditions of marriage are fulfilled, but the husband intends in his heart to divorce the woman after a certain length of time, such as ten days, or an unknown length of time, such as when the husband has completed his studies or when he achieves the purpose for which he came.
Although some scholars permitted this type of marriage, the Council thinks that it is not permissible, because it includes deceit and cheating, because if the woman or her guardian knew about that, they would not have agreed to this marriage contract.
And because it leads to serious negative consequences and real harm which damages the reputation of the Muslims.
And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.
Whatever the case, marrying with the intention of getting divorced is haraam, and it may be either invalid in and of itself like mut’ah, or haraam because of the deceit and betrayal involved.
And Allaah knows best.















Monday, December 11, 2017

Comedy

இன்று மழை வரும்னு செய்தியில சொன்னாங்க. .. நீங்க கேட்டீங்களா? ... நான் கேக்கல. அவங்களாதான் சொன்னாங்க...

Marriage Contract, - * Is it true that a righteous man does not marry anyone other than a righteous woman?

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I have herd from brothers that one gets a parteners (ie wife for men and husband for women)
which one deserves,.If one is good he/she will get a pios partener unless it is a test from ALLAH.
Unfortunattely i have not come across any hadith on this subject and could you please give me references and advice on this topic so that i can advice the brothere and sisters
I Have also been told that if a man does zina it will result in him being punishede by some female member of his family doing zina. Is this true ?
Many young muslims go about looking for a partener in the haram way .should i tell them that if they are pios they will definnalely get someones who is equally pios unless they are being tested by ALLAH?
because if this is true it may deter many a muslim from commiting haram and it may even make them more entuisianstic about becoming beter muslims.
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Praise be to Allaah.
What you have heard, that a man marries the person he deserves and who is similar to him in terms of righteousness or immorality is not correct. This is indicated by the following:
1 – The story that Allaah tells us of two of His noble Prophets, namely Nooh and Loot (peace be upon them), whose wives were disbelievers. Allaah says (interpretation of the meaning):
“Allaah sets forth an example for those who disbelieve: the wife of Nooh (Noah) and the wife of Loot (Lot). They were under two of our righteous slaves, but they both betrayed them (their husbands by rejecting their doctrine). So they [Nooh (Noah) and Loot (Lot)] availed them (their respective wives) not against Allaah and it was said: ‘Enter the Fire along with those who enter!’”
[al-Tahreem 66:10]
2 – Islam does not allow an adulterer to marry a chaste woman, and it does not allow a chaste man to marry an adulteress. This indicates that such a thing could happen, and indeed it happens often.
Allaah 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 Islamic Monotheism)”
[al-Noor 24:3]
3 – The Prophet (peace and blessings of Allaah be upon him) said that a woman may be married for her wealth, her beauty, her lineage or her religious commitment, and the fact that he (peace and blessings of Allaah be upon him) encouraged marrying the one who is religiously-committed indicates that marriages could occur for other reasons, so a man might marry a woman who is not like him.
It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Woman are married for four things: for their wealth, their lineage, their beauty and their religious commitment. Marry the one who is religiously-committed, may your hands be rubbed with dust (i.e., may you prosper).”
(Narrated by al-Bukhaari, 4802; Muslim, 1466).
4 – The fact that the Prophet (peace and blessings of Allaah be upon him) commanded guardians to marry the women under their care to religiously-committed men indicates that something other than that could happen.
It was narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your daughter or other female relative under your care) to him, for if you do not do that there will be tribulation in the land and much corruption.”
Narrated by al-Tirmidhi, 1084; Ibn Maajah, 1967. Classed as saheeh by al-Albaani inal-Silsilah al-Saheehah, 1022.
So the one who is looking for a wife should look for one who is religiously-committed and has a good character; similarly, woman’s guardians should not marry them to anyone but those who are religiously-committed. For a man is influenced by those with whom he keeps company, especially if that lasts for a long time. The Prophet (peace and blessings of Allaah be upon him) said: “A man will follow the way of his close friend, so let each of you look at whom he takes as a close friend.” (Narrated by al-Tirmidhi, 2378; classed as hasan by al-Albaani inSaheeh al-Tirmidhi, 1937).
“A man will follow the way of his close friend” i.e., he will follow the habits and path of his friends; “So let each of you look” means, think long and hard about; “whom he takes as a close friend” means, whom he regards as a friend and a brother. So if you like a person’s religious commitment and character, take him as a close friend, and if not, then avoid him. For characteristics are easily copied and keeping company with people has an effect on whether you will be good or bad. Al-Ghazaali said: Sitting with and mixing with one whose interest is worldly gain will make you also seek worldly gains; sitting with and mixing with one who is an ascetic will make you care little for worldly gains, because following characteristics are easily copied and one could copy the characteristics of one's friend without even realizing.
FromTuhfat al-Ahwadhi.
Secondly:
With regard to the adulterer, he may be punished with regard to his family. A hadeeth to that effect was narrated, but it is mawdoo’ (fabricated), however the meaning may be correct.
And Allaah knows best.















Sunday, December 10, 2017

Islamic Article, - நபிகள் வாழ்வில்: மிரண்டோடிய ஒட்டகம்








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ஒரு பயணியின் ஒட்டகம், கட்டி வைத்திருந்த கயிற்றை அறுத்துகொண்டு ஓடியது. அவருக்கு உதவுவதற்கு அக்கம் பக்கத்திலிருந்தவர்கள் எல்லாம் ஒட்ட கத்தை விரட்டிச் சென்றார்கள். பயந்து போன ஒட்டகம் மேலும் தலைதெறிக்க ஓடத் தொடங்கியது.
இதைக் கண்டு பதறிப்போன ஒட்டகத்தின் சொந்தக்காரர் உதவி செய்ய வந்தவர்களிடம், “இதை எப்படி கட்டுக்குள் கொண்டுவருவது என்று எனக்குத் தெரியும். தயவுசெய்து என்னையும், என் ஒட்டகத்தையும் விட்டுவிடுங்கள்!” என்று சொன்னார். கையில் கொஞ்சம் தீவனத்தை எடுத்துக்கொண்டுஒட்டகத்தை அழைத்தார். ஒட்டகமும் அமைதியாக அவரிடம் வந்து சேர்ந்தது. அதன் பின் அதன் மீது ஏறி அவர் பயணத்தைத் தொடர்ந்தார்.
தமது தோழர்களிடம் இந்தக் கதையைச் சொல்லிய நபிகளார் கல்வியறிவற்ற முரட்டு மனிதர்களிடம் மிகவும் பொறுமையுடன் நடந்துகொள்வதன் முக்கியத்துவத்தை வலியுறுத்தினார். சாதாரணமான புல், பூண்டுகள் போன்ற தீவனத்திற்காகக்கால்நடைகள் கட்டுப்பட்டு மனிதனுக்கு பயன் தருகின்றன. அதுபோல அவரவர் தேவையறிந்து உதவி செய்து, சக மனிதர்களை மனித இனத்துக்குப் பயன்படுத்துவதும் அரும் பணியாகும் என்பதை நபிகளார் விளக்கினார்.

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