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Thursday, December 21, 2017

Invalid Marriages, - * His country forbids plural marriage and he wants to marry a second wife with the permission of her brother but not her father.

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I live in a country where polygamy is prohibited. Customary marriage is not allowed either; so it cannot be registered one day! The wali is not accepting the idea of letting one of his daughters get married secretly. What is the solution for this, knowing that I am married but liked her, and she agreed to marry in such a way? Her younger brother who is 25 years old also agreed, but he requests that we keep this marriage secret.
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Praise be to Allaah.
Firstly:
We do not know how some of those to whom Allaah has granted authority over the Muslims dare to oppose Allaah and His religion. They are not content only to forego ruling in accordance with that which Allaah has revealed, but they also oppose sharee’ah, go against its rulings and mock it. An example of that is their putting restrictions on that which is halaal and banning it, and spreading haraam and approving of it. If one commits sin and that is limited to himself, the matter is not as serious as one who propagates sin by force of law, so that the one who does it is rewarded and the one who does not do it is punished. We ask Allaah to set the affairs of the Muslims straight, both rulers and subjects. If they were to think for a few moments of how their destiny is a narrow grave in which they will not have their servants, followers, ministers, wealth, crowns, food and drink with them, they would understand this matter and realize that it is serious and there is no room for joking. If they were to think of the meeting with their Lord, they would re-examine the path they have chosen to follow. If Allaah saw anything good in them He would have guided them.
Secondly:
You should realize that it is not permissible to marry without the woman’s wali (guardian) being involved. If her father is present then her brother has no right to arrange her marriage. The father loses the right of guardianship if it is proven that he is preventing his daughter from marrying anyone, for no legitimate shar’i reason or for no reason that is acceptable according to sharee’ah. If he prevents her from marrying in a case like that which you describe, he has done well, and it is in accordance with sharee’ah and sound reason. How can you want to marry his daughter with no documentation that is recognized by the state?! Do you know of the evil consequences that can result from that?
Documentation of marriage contracts – and other kinds of contracts – is not a bid’ah or innovation in Islam, rather it serves the general purposes that are in accordance with sharee’ah.
General purposes (al-masaalih al-mursalah) are those which Islam did not refer to in specific terms, so they are not enjoined or ignored. Rulings on these general purposes are to be based on the general principles of sharee’ah.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said, defining the meaning ofal-masaalih al-mursalah:
This applies to cases where the mujtahid thinks that this action will bring a certain benefit and there is nothing in sharee’ah to forbid it.
Majmoo’ al-Fataawa(11/342, 343).
There are several interests to be served by documenting marriage, such as the following:
1 – Preserving the wife’s rights, such as proof of the delayed portion of the mahr, recording the conditions stipulated by her, and allowing her to take her share of inheritance from her husband and children.
2 – Proof of her children’s parentage from her and their father.
3 – Prevention of another marriage contract being done for her when she is married to another husband.
4 – Preserving the husband’s rights, as the mahr that the wife received is recorded.
5 – Preventing the husband from marrying more than four women.
And there are many other interests, which sharee’ah would not overlook, rather it would stipulate them as conditions in marriage so as to preserve people’s rights and ward off evil.
Inal-Mawsoo’ah al-Fiqhiyyah(6/170) it says:
Allaah has prescribed recording and witnessing so as to protect people’s rights. He says (interpretation of the meaning):
“O you who believe! When you contract a debt for a fixed period, write it down”
“And get two witnesses out of your own men.”
“But take witnesses whenever you make a commercial contract”
[al-Baqarah 2:282]
And Islam enjoins documenting some commitments because of their seriousness, such as marriage. End quote.
The scholars of the Standing Committee were asked:
Is it necessary in marriage to have a person who prompts the woman’s wali to give the proposal and prompts the husband to accept, or is the marriage valid without this person if the marriage fulfils all the conditions and necessary aspects?
They replied:
If the matter is as described in the question, whereby you propose and the father accepts, and there are witnesses, and the girl named in the marriage contract agrees, then the marriage is valid, even if another person does not do the marriage contract between you, because that is not a condition of the marriage being valid or complete. Rather the government requires people to do the marriage contract before one whom it has authorized to do that and record it, so as to avoid chaos and prevent people from toying with marriage, and so as to preserve lineages and protect people’s honour and rights, and so as to avoid denial of prior agreements in the event of disputes. Obeying the authorities in such good matters is obligatory, because that is helping them to run people's affairs properly and serve their best interests.
Shaykh Ibraaheem ibn Muhammad Aal al-Shaykh, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Munay’
Fataawa al-Lajnah al-Daa’imah(18/105, 106)
Based on this, the fact that the father of this woman has refused to let you marry her because of the ban on plural marriage is acceptable, and what he has done is not going against sharee’ah, and it is not permissible for you to marry her without her father’s permission. Her brother’s acting as her wali is invalid if her father is present, and any marriage contract that is done with her is invalid and unacceptable.
Thirdly:
As for the ‘urfi marriage, it takes two forms:
1- Where a woman gets married in secret, without the approval of her wali. This is what people think of when this word is used. If that is the case, then it is a haraam contract which is not valid, because the approval of the wali is one of the conditions of a marriage contract being valid.
2- Marriage with the approval of the wali, but without announcing or publicizing the matter, or documenting it in the courts. Although this is a valid marriage in that it has met the conditions, it leads to many negative consequences, and those scholar who have examined this issue have ruled that it is definitely not allowed, especially because of the lack of documentation.
In your case which you have asked about here, the woman’s father does not approve of the marriage, so it is not allowed for two reasons:
(i) The wali has not given his approval
(ii) It has not been documented.
And Allaah knows best.

Wednesday, December 20, 2017

Comedy

"வாழைப்பழ வியாபாரியோட பையன் எப்படி இருப்பான்?"
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"அப்படியே அப்பனையே உரிச்சு வைச்சிருப்பான்."

Invalid Marriages, - * Ruling on getting married and divorced on paper in orderto have residency in a kaafir country.

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What is your opinion about a person who falsely divorces his wife, i.e. formally having the divorce contract, without saying the word of talaaq actually to her? This enables him to marry a European woman in order to get a residency. Then he will divorce the European woman and return his first wife to him afterwards. What is the ruling on this matter?.
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Praise be to Allaah.
Firstly:
Marriage is a serious covenant and it is one of the most important rulings of sharee’ah, by means of which intimacy becomes permissible and rights such as the mahr (dowry) and inheritance are proven, and children are attributed to their father, and other rulings.
By means of divorce, a woman becomes haraam for her husband and is deprived of inheritance, and she becomes permissible for other men to marry, subject to well known conditions. Our aim in explaining all this is to alert the Muslims to the necessity of not using these two contracts in ways other than that which has been prescribed by Allaah, and not using them as tricks. We have seen – unfortunately – men who will marry a woman not so that the intimacy with her which was forbidden becomes permissible, and not so as to form a family with her – as is the aim of the shar’i contract – but so as to attain some worldly purpose, such as registering land, or getting a licence to open a business, or to get residency, or to enable the woman to travel outside her country. In none of this cases is the man a husband or the woman a wife in the real sense, rather he is a husband on paper only! It is not more than ink on paper. This is a kind of toying with the rulings of sharee’ah. It is not permissible to do it or to take part in it, and it is essential to try to stop it when the aim is to achieve some haraam purpose, such as the one who does that in order to get residency in a non-Muslim country.
The same may be said with regard to divorce. It is a shar’i ruling and it is not permissible for anyone to take it lightly or to toy with its rulings. They call that a divorce on paper.
These people should all realize that they are sinning by doing this. Allaah has not prescribed marriage and divorce so that the wife might be a name on the contract with no rulings and rights. They should realize that the rulings come into effect merely by virtue of the contract being done, if the conditions and essential parts of it are fulfilled, and that if any of these are missing it is invalid, and that divorce from the husband takes place if the words are merely uttered. There is no such thing in sharee’ah as marriage on paper and divorce on paper. The sin is further compounded if it is done in order to do something that is haraam in the first place, such as one who uses it to avoid giving people their rights or paying debts to them, or if a woman uses it to get help given to divorcees by a state or institution, or so that she can live in a non-Muslim state where it is not permissible for her to reside, and other invalid, haraam aims.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
The Lawgiver forbids treating the Verses (Laws) of Allaah as a jest (al-Baqarah 2:231) and forbids a man to speak of the Verses of Allaah which are binding contracts except in a serious manner as they are meant to be. Hence it is forbidden to take them lightly and or to marry a divorced woman in order to divorce her so that it will be permissible for her to go back to her first husband. This is indicated by the verse in which He says (interpretation of the meaning):“And treat not the Verses (Laws) of Allaah as a jest” [al-Baqarah 2:231], and by the words of the Prophet (peace and blessings of Allaah be upon him): “What is the matter with people who toy with the sacred limits of Allaah and make a mockery of His verses (laws), (and say), I divorce you, I take you back, I divorce you, I take you back?” It should be understood that toying with them is haraam. End quote.
Al-Fataawa al-Kubra(6/65).
Based on this:
If a man marries a woman who is permissible for him, and it is done in accordance with the conditions prescribed in sharee’ah, with the essential parts being fulfilled and in the absence of any impediments, then it is a valid marriage with all that that implies.
If a man divorces his wife verbally, it counts as a divorce, even if he does not intend it as such.
As for a written divorce that is not uttered out loud, that is subject to further discussion as explained in the answer to question no. 72291.
Secondly:
Marrying that European woman for the purpose of obtaining residency and then divorcing her is a haraam action. We have quoted the fatwa of Shaykh ‘Abd al-‘Azeez ibn Baaz prohibiting such actions in the answer to question no. 2886. This applies if he marries her without fulfilling the conditions of marriage, such as if he marries her without a guardian, or if there is any impediment to the validity of the marriage, such as if she is a zaaniyah who has not repented, or she is not one of the people of the Book (i.e., Jewish or Christian), in which case marriage to her is haraam and is invalid.
If he marries her in a marriage that fulfils all the necessary parts and conditions, and is free of any impediments, then his marriage is valid with all that that implies, but his intention is forbidden.
Thirdly:
These reprehensible actions of obtaining a divorce paper for the first wife and marrying another woman for the purpose of obtaining residency, then divorcing her, include two other things that are haraam:
1 – Trickery, lying and giving false witness, because it is deceiving the state and tricking it in order to obtain nationality, which is haraam.
2 – He wants to do the divorce and marriage on paper in order to get residency in a kaafir country, but in our religion it is forbidden to settle among the kuffaar unnecessarily, because of the great danger that this poses to one’s religious commitment and morals, and to the individual and the family.
It was narrated from Jareer ibn ‘Abd-Allaah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “I disavow any Muslim who settles among the mushrikeen.” Narrated by Abu Dawood (2645) and classed as saheeh by al-Albaani inSaheeh Abi Dawood.
What we advise our brothers to do is to fear Allaah, may He be exalted, with regard to shar’i contracts and not to use them as means to worldly ends, and to refrain altogether if the purposes are haraam. They should fear Allaah with regard to their wives and children, and think about the great hardship that their actions may lead to, or the deprivation of rights and other negative consequences that may result from doing these contracts in this corrupt manner.
And Allaah knows best.















Tuesday, December 19, 2017

Comedy

நபர் – 1: ஹோடேலில் சாப்பிட்டுவிட்டுப் பார்க்கிறேன்,
கையில் காசு இல்லை…..
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நபர் – 2: அய்யய்யோ…
அப்புறம் என்ன பண்ணுனீங்க?..
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நபர் – 1: அப்புறம் பாக்கெட்'ல இருந்து எடுத்துக் கொடுத்துட்டேன்….