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Monday, October 2, 2017

Marriage Contract, - * The father said: I give my daughter in marriage to So and so, in front of Muslim witnesses, then he changed his mind and recanted his words








A father says that he gives his daughter in marriage to X in front of Muslim witnesses, including two males, and gives them permission to inform friends and family relatives about it. After everybody has been informed and the boy has given the mehr to the girl, the father changes his mind.
Is it permissible for the father to stop them from starting to live together? Are they considered to be married or not?
-
Praise be to Allah.
The marriage contract is completed with the proposal and acceptance. The proposal is when the wife’s guardian says, “I give So and so to you in marriage.” The acceptance is when the groom says, “I accept” or “I accept marriage to So and so.” It is not essential for it to be in these exact words; rather the marriage contract is completed by whatever phrases indicate marriage.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The basic principle is that all contracts are completed by means of whatever signifies them according to custom, whether it is in the words mentioned or otherwise, in the case of the marriage contract and other contracts. This is the correct opinion and it is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him).
End quote fromash-Sharh al-Mumti‘, 12/40
And he (may Allah have mercy on him) said: Some of the scholars stipulated specific phrases in some contracts and said that they must be used, as in the marriage contract for example, where they said that it is essential (for the guardian) to say: “I give to you in marriage…”, and for (the groom) to say, “I accept.”
Other scholars say that all contracts are completed by means of whatever phrases signify them according to custom. This view is the one that is correct, and this is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), because transactions are not acts of worship in which one should adhere strictly to what has been narrated; rather they are transactions between people. So whatever people regard as a sale is a sale, whatever they regard as a pledge (or mortgage) is a pledge (or mortgage), whatever they regard as a waqf (endowment) is a waqf, and whatever they regard as marriage is marriage.
The correct opinion is that there is no specific format for any contract; rather the contract is completed by means of that which signifies it, and no one can prove that there is any difference between sale transactions and other types of transactions. If they say, for example, that Allah mentioned marriage by using the word nikaah, we say: likewise, He mentioned sales by using the word bay‘; are you saying that it is essential to say, “Bi‘tu (I have sold)”? They will say that this is not essential, as buying and selling are done by whatever wording signifies that according to custom, with a proposal and acceptance (after the proposal).
End quote fromash-Sharh al-Mumti‘, 8/101
If the father of the girl said: “I have given my daughter in marriage to So and so,” and the husband responded in a way that signified acceptance, then the proposal and acceptance have taken place.
Moreover, there are essential conditions for marriage which must be met: there should be consent from both spouses, and the marriage contract should be done by the woman’s guardian issuing his proposal in the presence of two witnesses. If these conditions were met, then the marriage has been done and the guardian does not have the right to retract it or annul it unless there is a reason that makes annulment permissible, such as annulment due to a physical defect (in one of the spouses) or annulment for going against the conditions.
Our advice is to refer the matter to a scholar whom you trust, so that he can listen to the guardian, and the husband and wife.
We ask Allah to help and guide us and you.
And Allah knows best.






























Sunday, October 1, 2017

Invalid Marriages, - * My sister is married in a sunni family who have got their daughter married in an ahmaddiya family.So, can have good relation with my sisters family or should i abandon her family because they are having relations with ahmaddiyas.









Ruling on interacting with a Muslim family whose daughter is married to a disbeliever
-
Praise be to Allah.
Firstly:
The Ahmadiyyah – or Qadianiyyah – are a sect that is beyond the pale of Islam.
In a fatwa of the Standing Committee for Academic Research and Issuing Fatwas (2/220) it says:
Question: what is the ruling on this new religion and its followers, i.e., a religion that is called Ahmadiyyah, whose missionaries warn people against some verses of the Qur’an or names of Allah, and they forbid sending blessings upon the Prophet (blessings and peace of Allah be upon him)? Where and when did this religion originate? What is the ruling on those who turn away from it?
Praise be to Allah alone, and blessings and peace be upon His Messenger and his family and companions… To proceed:
Answer: The Pakistani government has issued a ruling that this sect is outside of Islam. The Muslim World League in Makkah has also issued a ruling to that effect. The Conference of Islamic Organizations that was held by the League in 1394 AH has published an essay which outlines the principles of this sect, and how and when it originated, and other facts about it.
To sum up: it is a sect which claims that the Indian Mirza Ghulam Ahmad was a prophet who received revelation, and that no person’s Islam is valid unless he believes in him. He was born in the thirteenth century AH, but Allah, may He be glorified, stated in His holy Book that our Prophet Muhammad (blessings and peace of Allah be upon him) is the seal of the Prophets (i.e., the last Prophet), and the Muslim scholars are unanimously agreed on that. Hence anyone who claims that there is any prophet after him who receives revelation from Allah, may He be glorified and exalted, is a kaafir (disbeliever) because he has disbelieved in the Book of Allah, may He be glorified and exalted, and he has disbelieved in the saheeh hadeeths from the Messenger of Allah (blessings and peace of Allah be upon him) which indicate that he is the Seal of the Prophets, and he has gone against the consensus of the ummah.
And Allah is the source of strength; may Allah sent blessings and peace upon Allah Prophet Muhammad and his family and companions.
Standing Committee for Academic Research and Issuing Fatwas.
‘Abdullah ibn Qa‘ood, ‘Abdullah ibn Ghadyaan, ‘Abd ar-Razzaaq ‘Afeefi, ‘Abd al-‘Azeez ibn Baaz.
End quote.
Based on that, it is not permissible for a Muslim woman to marry a man from this sect, because it is not permissible for a Muslim woman to marry a disbeliever.
Allah, may He be exalted, says (interpretation of the meaning):
“And give not (your daughters) in marriage to Al-Mushrikoon till they believe (in Allah Alone)”
[al-Baqarah 2:221].
At-Tabari (may Allah have mercy on him) said:
What Allah, may He be exalted, means in this verse is that He has forbidden believing women to marry amushrik(polytheist) of any type. So do not, O Muslim men, give them (Muslim women) in marriage to them (mushrikeen), for that is forbidden to you.
End quote fromTafseer at-Tabari, 4/370
Allah, may He be exalted, says (interpretation of the meaning):
“O you who believe! When believing women come to you as emigrants, examine them, Allah knows best as to their Faith, then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them. But give the disbelievers that (amount of money) which they have spent (as their Mahr) to them”
[al-Mumtahinah 60:10].
Ibn Katheer (may Allah have mercy on him) said:
Allah says: “they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them”. This verse is the one which prohibited Muslim women to mushrik men.
End quote.Tafseer al-Qur’an al-‘Azeem, 13/521
This family whose daughter is married to an Ahmadi man has gone against the ruling of Allah, may He be exalted, and has given their daughter in a marriage that is invalid according to scholarly consensus, and this has made her vulnerable to joining the kaafir sect of her husband, as usually happens.
For more information, please see fatwa no. 144765
Secondly:
What is your duty with regard to this family?
If this family is unaware of the Islamic ruling on the Ahmadiyyah or is unaware of the prohibition on marriage of a Muslim woman to a kaafir, then what you must do in this case is teach them and alert them to this fact.
That is because the Prophet (blessings and peace of Allah be upon him) said: “Whoever among you sees an evil action, then let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; and if he cannot, then with his heart – and that is the weakest of faith.”
Narrated by Muslim, 78.
You will attain a great reward for teaching them about the Islamic rulings of which they are unaware.
The Messenger of Allah (blessings and peace of Allah be upon him) said: “Verily Allah and His angels, and the inhabitants of the heavens and the earth, even the ant in its hole and the fish, invoke blessings upon the one who teaches the people good things.”
Narrated by at-Tirmidhi, 2685; classed as saheeh by al-Albaani inSaheeh Sunan at-Tirmidhi, no. 2685
But if this family is aware of the ruling on the Ahmadiyyah sect, and knows that it is a kaafir sect that is beyond the pale of Islam, and they know that a marriage between a kaafir man and a Muslim women is haraam, but they did not pay attention to that, then in that case there is nothing wrong with shunning them for the sake of Allah, so as to be harsh with them, denounce the evil deeds, express disavowal of their action and deter them from this way.
Al-Bukhaari (may Allah have mercy on him) said:
Chapter on what is permissible of shunning one who has committed sin.
Ka‘b said, when he lagged behind and did not join the Prophet (blessings and peace of Allah be upon him) – i.e., he failed to join the campaign to Tabook: The Prophet (blessings and peace of Allah be upon him) forbade the Muslims to speak to us… And he mentioned fifty days.
End quote fromFath al-Baari(10/497).
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
What is meant by this report is to highlight the kind of shunning that is permissible, because the general meaning of the prohibition on shunning a Muslim applies only in the case of one who is not being shunned for a legitimate shar‘i reason. But here the reason for shunning is explained, which is that it is directed at a person who committed a sin, so it is justified for the one who sees him doing that to shun him for that reason, so that he will stop doing it.
End quote fromFath al-Baari, 10/497
Moreover there is a greater reason to shun people in such cases, those who commit crimes and sins, if a Muslim fears that if he mixes with them he may be influenced by their sins, or he may join them in that, or that he may be spoken ill of, or that it may be detrimental to his religious commitment or his worldly interests
Ibn ‘Abd al-Barr (may Allah have mercy on him) said:
My view is that if a person fears that sitting with him or talking to him may be detrimental to his religious commitment or worldly interests, and may increase enmity and resentment, then shunning him and keeping away from him is better than staying close to him, because that will protect you from slipping and from his specious arguments against what you believe is correct, and you will not be safe from the bad consequences of mixing with them. Shunning (in a peaceful manner) may be better than mixing which may lead to trouble.
End quote fromal-Istidhkaar, 26/149-150
In fact whether you should continue your ties with this family, or denounce them, or shun them, depends on the nature of the relationship between you and them, and what shunning is likely to lead to of serving a legitimate shar‘i interest or may lead to negative consequences that outweigh any shar‘i interest. Moreover we think that what is usual in such cases is that your relationship with them is not strong, and there is no direct connection between you and a family such as this; rather the matter has to do with your sister who is married to one of them, and does not have anything to do with you.
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said:
Shunning varies according to how strong or weak, and how few or how numerous the people who are doing the shunning are. The purpose is to rebuke and discipline the person being shunned and to deter the masses from doing likewise.
If the purpose is more likely be to achieved by shunning, and it will weaken and reduce the evil, then it is prescribed, but if the person being shunned and others will not be deterred by that, rather the evil will increase, and the person doing the shunning is weak and the bad consequences will outweigh the good, then shunning is not prescribed, rather softening the hearts of some people is more effective than shunning.
End quote fromMajmoo‘ al-Fataawa, 28/206
And Allah knows best.





























Saturday, September 30, 2017

Invalid Marriages, - * She married a non-Muslim and he refuses to become Muslim










One of my friend her name is Farhana 20 years old girl has married a non Muslim boy before 2 years ago.
now she has realized according to Islam she has done a mistake. she has tried to convert her husband in to Islam but he is nor ready to accept it.Fortunately they dont have kids. and her husband has told if they get a kid in future he wants to grow the kid as non Muslim way. So now Farhana has confused what type of action has to take. Because she cant come out immediately from him because she is an orphan.
her parents has divorced and living separately with new families. If she has to divorce whats the procedure she has to follow.
Please advice how to overcome from her problem
-
Praise be to Allah
For a Muslim woman to marry a non-Muslim man is something that is prohibited, and it is a major sin and immoral action. This union is not regarded as a marriage; rather it is regarded as fornication and adultery. This ruling has been explained previously in fatwa no. 100148.
What this woman must do is hasten to leave this non-Muslim man immediately, and she must repent to Allah, may He be exalted, and ask Him to forgive her for what she has committed of this grave evil. It is not permissible for her to remain with him for a moment longer, or allow him to be intimate with her at all.
What you have mentioned about her not living with her parents does not justify her remaining in this adulterous relationship. She has to put her trust in Allah, may He be exalted, for Allah, may He be exalted, says (interpretation of the meaning):
“And whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish his purpose. Indeed Allah has set a measure for all things”
[al-Talaaq 65:2-3].
Her leaving this man does not require a shar‘i divorce, because this marriage is invalid in and of itself, therefore it does not require a divorce.
She has to tell this man frankly that she made a mistake by marrying him, and that Islam prohibits that. So either he should become Muslim and do a new marriage contract with her, because the previous marriage contract is invalid according to Islamic teaching; or if he wants to continue to follow his own religion, then he must leave her, and she must leave him. In that case it is essential, to settle their legal situation, for him to divorce her officially.
If he refuses to do that, then she should resort to legal procedures, and give any reasons so that she may be divorced officially. Even though this marriage does not carry any weight and is annulled in and of itself, it is essential for her to get the official divorce, as we said, so that her legal situation will be settled, and so that she will have no obstacle to entering into an Islamic marriage in the future.
It is not permissible for her to marry anyone else until she has had one menstrual cycle after leaving him, to establish that she is not pregnant. That menstrual cycle should be counted from when she first leaves him, not from when she gets the legal divorce papers.
This woman should go to the Islamic centre in her city and ask them for help, for they will have the best knowledge of how to solve this problem from a legal point of view.
And Allah knows best.























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