Fornication and Adultery:Major Sins in Islam

Chastity is defined as "controlling oneself from forbidden desires due
to the love of Allaah The Almighty in response to His command, as well
as for seeking His reward in return."
Islam has always been keen to establish chastity in the Muslim
community and has thus legislated many laws that reduce the strong
impact of these desires and control them; it has also encouraged
remaining on the straight path and warned against transgressing the
defined boundaries by following these base desires.
Islam has preserved people's honor and protected lineages from being
mixed. Therefore, fornication and adultery are forbidden and
classified as major and destructive sins. Islam has even forbidden
everything that could lead to these sins, such as immoral exchange of
looks between the two sexes, depraved words, seductive moves, a man
and a woman being in seclusion in a room, and anything else which
could lead to this awful sin. Allaah The Almighty Says )what
means(:}"And come not near to unlawful sex. Verily, it is a great sin,
and an evil way )that leads one to Hell unless Allaah forgives
him(."{]Quran, 17: 32[
Islam does not have laws which contradict one another as is the case
with man-made legislation which has set penal laws for adultery and
fornication but has facilitated every means that lead to it. Moreover,
there are some societies that see no harm in allowing fornication and
adultery and have set no penal laws for those who commit them. Other
societies differentiate between committing this act in the marital
home and outside of it; they only consider committing it the marital
home as a crime and not if it is committed away from it! Islam, on the
other hand, comprehensively forbids fornication and adultery and
everything that leads to it.
Allaah The Almighty commanded His Messengerto take a pledge from women
who entered Islam to refrain from fornication and adultery. Allaah The
Almighty Says )what means(:}"O Prophet! When believing women come to
you to give you the Bai`ah )pledge(, that they will not associate
anything in worship with Allaah, that they will not steal, that they
will not commit illegal sexual intercourse, that they will not kill
their children… then accept their pledge."{]Quran, 60: 12[
Allaah The Almighty made the punishment for these sins vary from
lashing to stoning to death, along with the humiliation which results
from informing the community of the perpetrators of this sin. Allaah
The Almighty Says )what means(:}"The fornicatress and the fornicator,
flog each of them with a hundred stripes. Let not pity withhold you in
their case, in a punishment prescribed by Allaah, if you believe in
Allaah and the Last Day. And let a party of the believers witness
their punishment. ]This is for unmarried persons, but if married, the
punishment is to stone them to death[."{]Quran, 24: 2[
The Prophetset the penalty for adultery and fornication as follows:"If
the parties )committing fornication( are unmarried, they should
receive a hundred lashes and be put into exile for a year. If they
commit adultery after they are married, they should receive a hundred
lashes and then be stoned to death."]Muslim[
Since Islam has comprehensively forbidden fornication and adultery, it
has also blocked all ways that lead to it. It does not have laws which
contradict one another as is the case with man-made legislation which
has set penal laws for adultery and fornication but has facilitated
every means that lead to it. Moreover, there are some societies that
see no harm in allowing fornication and adultery and have set no penal
laws for those who commit them. Other societies differentiate between
committing this act in the marital home and outside of it; they only
consider committing it the marital home as a crime and not if it is
committed away from it! Islam, on the other hand, comprehensively
forbids fornication and adultery and everything that leads to it.
The evil consequences of fornication and adultery
Imaam Ibn Al-Qayyimsaid,
"Fornication and adultery combine all evils; weakness in commitment to
the religion, lack of piety, corruption of manhood and the decrease of
praiseworthy jealousy. You will never find an adulterer or fornicator
who is pious, fulfils his promises, is truthful in his speech,
maintains friendship or has jealousy over his wife; he will be
characterised by lies, deception, betrayal, accepting prohibitions and
not being mindful of Allaah." All these characteristics are
consequences of fornication and adultery.
There are also other consequences such as:
• Incurring the wrath of Allaah The Almighty.
• Corruption of one's wife and children.
• Poverty and gloominess of the face, which will be apparent to people.
• Darkness of the heart.
• Becoming insignificant in the eyes of people and in the sight of
Allaah The Almighty.
• Loss of the characteristics of chastity and righteousness and
becoming known as a sinful, betraying adulterer or fornicator.
• Not being classified as a believer in general.
• Being decried as an evil person.

Whom one is allowed to marry

Marriage is the most essential social bond that maintains human
society. It is the key step to establishing a family, which is the
nucleus of society. Since the ultimate goal of creating human beings
is to worship Allaah Almighty, a Muslim has to look at marriage as a
means of 'producing' human beings who will be future worshippers of
Allaah, which is a religious commitment, apart from being a physical,
social and psychological need.
When planning for marriage, one has to ask himself who he should
marry. Allaah mentions most of the categories of women involved in
this question in the following verses, )which means(:"And do not marry
those ]women[ whom your fathers married, except what has already
occurred. Indeed, it was an immorality and hateful ]to Allaah[ and was
evil as a way. Prohibited to you ]for marriage[ are your mothers, your
daughters, your sisters, your father's sisters, your mother's sisters,
your brother's daughters, your sister's daughters, your ]milk[ mothers
who nursed you, your sisters through nursing, your wives' mothers, and
your step daughters under your guardianship ]born[ of your wives unto
whom you have gone in. But if you have not gone in unto them, there is
no sin upon you. And ]also prohibited are[ the wives of your sons who
are from your ]own[ loins, and that you take ]in marriage[ two sisters
simultaneously, except for what has already occurred. Indeed, Allaah
is ever Forgiving and Merciful. And ]also prohibited to you are all[
married women except those your right hands possess ]i.e., slaves or
war-captives who had polytheistic husbands[. ]This is[ the decree of
Allaah upon you. And lawful to you are ]all others[ beyond these,
]provided[ that you seek them ]in marriage[ with ]gifts from[ your
property, desiring chastity, not unlawful sexual intercourse..."]Quran
4:22-24[
Those who are Permanently Forbidden in Marriage
This category includes those whom one is forbidden to marry due to a
blood relationship as well as those who are forbidden due to marital
relations:
Those Permanently Forbidden due to Blood Relations
Descendants due to a relationship with a woman, regardless of how far
)a man's daughter, granddaughter, etc.(.
Ascendants of women, regardless of how far )mother, maternal and
paternal grandmother, etc.(.
Descendants from a man's parents, regardless of how far )sisters, half
sisters, sister's children, etc.(
Siblings of male and female ascendants, regardless of how far
)paternal and maternal aunts, great aunts, etc.(.
One may notice that of these, the grandmother was not explicitly
mentioned in the verse. This is because frequently in Arabic and in
the Quran )as in some of the verses on inheritance(, the term 'mother'
includes the grandmother and all her ascendants.
Those Permanently Forbidden due to Marital Relations
Wives of ascendants, regardless of how far )the father's wife,
grandfather's wife, etc.(. Consummation is not a condition; the mere
completion of the marriage contract makes this marriage forbidden
forever.
Wives of descendants, regardless of how far. Again, the mere marriage
contract is what is considered here with or without consummation.
Ascendants of wives )such as the mother-in-law(, regardless of whether
the marriage was consummated or not.
Descendants of wives )step-daughters and their children( only if the
man consummated the marriage with the wife in question. The phrase
)which means( '…Under your guardianship…' was mentioned here only to
portray the usual case and not as a condition. The ruling holds
whether the
Those Permanently Forbidden due to Breast Feeding
The verse actually mentions 'mothers' and 'sisters' by breast feeding.
From these two, others can be derived based on the Hadeeth
)narration( of the Prophet:"Breast feeding makes forbidden what is
forbidden through blood relations."]Muslim[
The Prophetwas asked to marry the daughter of his uncle Hamzahbut his
response was to say: "She is not permissible for me. She is the
daughter of my brother through breastfeeding. And breastfeeding
forbids what is forbidden through blood relations." ]Al-Bukhaari &
Muslim[
The brother of a woman who had breastfed 'Aa'ishahcame to visit her.
She refused to let him in until she asked the Prophetif it was
permissible to do so, and he said:"Give him permission, for he is our
uncle."]Al-Bukhaari & Muslim[
The Minimum Requirement for Breast Feeding
There is a wide variety of opinions on how many 'sessions' of
breastfeeding create the prohibition including one, three, five, seven
and ten sessions. A common opinion is that the child must have nursed
on three separate occasions; this is based on the Hadeeth: "The
prohibition is not established by one suck or two."
The strongest opinion is that of Imaams Maalik and Abu Haneefahand
'Ali bin Abu Taalib, 'Abdullaah bin 'Umar, and 'Abdullaah bin
'Abbaasand others, which is that a single session is sufficient. This
is the strongest opinion because it is consistent with the apparent
meaning of the word Ridhaa'ah )breastfeeding( in the above-mentioned
verses as well as the related Hadeeths; also, the above Hadeeth could
be easily taken to refer to 'sucks' and not 'sessions.' So, in other
words, if the baby merely sucks once or twice, it does not count
unless the baby completes the 'session', drinking to satisfaction.
Women Included in this Category
One's female ascendants through nursing. This includes the woman who
nursed him and her mother, etc. The husband of the wet nurse is
considered the 'cause' of the milk involved. So, for example, if a
girl is nursed by a woman, that woman's husband becomes forbidden to
her just as her own biological father is.
Descendants through nursing. The man who is the 'cause' of the milk
is forbidden from marrying the one his wife nursed or their children,
etc.
Descendants of 'parents' through nursing, )i.e., the 'sisters'(. One
cannot marry any of the children )either by blood or nursing( of the
wet nurse or her husband.
Siblings of ascendants by nursing )i.e., brothers and sisters of the
wet nurse or her husband(. This does not include their children
)'cousins' by nursing(.
Note the following important point as stated by Shaykh Ibn 'Uthaymeen:
"The relatives of the child that is nursed, except for his/her
children, have no relation to the breastfeeding mother ]or her
husband[ and there is no effect on them from that nursing. So, it is
allowed for a boy's blood brother to marry his brother's wet nurse or
her daughters. However, the children of the child who was nursed will
become like the children of the wet nurse and her husband in the same
way that their father )the one originally nursed( was a 'child' )by
nursing( to those two."
Those Forbidden for Temporary Reasons
The second category of women a man is forbidden to marry consists of
those forbidden for temporary reasons. If the reason ceases to exist,
marriage between them becomes lawful. They include the following:
While being married to a woman, a man cannot marry her sister or any
of her aunts )paternal or maternal(. The first was mentioned in the
verses previously mentioned and the second is mentioned in the
following Hadeeth:
"The Prophetprohibited joining )in marriage at the same
If a person divorces his wife three times, it is not allowed for him
to marry her again until and unless she marries someone else )but not
as a trick in order to marry him again(, consummates that marriage and
that marriage is subsequently legally ended.
Any woman if a man already has four wives.
Marrying a slave girl when one is already married to a free woman.
Marrying a woman who is already married or who is in 'Iddah )waiting
period(. A woman in 'Iddah due either to her husband's death or
divorce is not allowed to marry until it is finished.
A woman upon whom a man has made Li'aan, unless he confesses to having
made it up. Al-Li'aan in Arabic is when the husband accuses the wife
of adultery but cannot bring witnesses, so he swears that it occurred
and the two are separated after the wife swears that she is innocent.
He can never marry her again unless
A woman who is neither Muslim nor Jewish nor Christian.

The Islamic marriage contract

Marriage in Islam is based on a contract between a man and woman
intending to be unified in marriage. Thus, as in any contract in
Islam, there are elements which are considered essential to its
existence, called 'pillars', as well as the possibility of
stipulations of different kinds, legal effects of the contract, etc.
Each of these must be understood correctly in order to ensure that the
marriage has been performed according to the legal conditions and that
the rightful effects of the marriage are guaranteed to each of the
contracting parties.
The Pillars of a Marriage Contract According to the Majority of Scholars
Offer and acceptance are among the pillars. For most scholars, the
offer must be from the woman's side and the acceptance from the man.
The two parties to the contract: the prospective husband and the
guardian of the woman.
Some also count the following among the pillars, although the majority
of these scholars
The presence of witnesses.
Dowry.
The Wording of the Contract
There are a variety of opinions as to exactly which phrases are valid
in the transaction of the marriage contract. However, the best format
is that actually used by the Prophetand his companions. Also, it is
recommended that the contract be executed verbally. However, due to
need or necessity, it may be done through writing or signing.
Among the different possible phraseology, the very clear terms such
as: "I marry you" is accepted by all scholars. Anything which
indicates a temporary nature of the contract is forbidden. There is
some difference of opinion concerning the validity of other phrases
such as: "I present to you", "I give to you", "I sell to you", etc.
Does it have to be in Arabic?
According to the majority of scholars, it is not necessary for the
marriage contract to be executed in Arabic, even for those who have
the ability to speak Arabic. The scholars of the Hanbali school, who
required the use of forms of the words Nikaah or Zawaaj )marriage(,
required that the contract be transacted in Arabic for this reason.
The Different Types of Conditions or Prerequisites
At this point, we need to learn the definition of some general terms
in Islamic Fiqh )Jurisprudence(, related to this issue, which come up
in many subject areas, including the one at hand.
Saheeh )Sound(: A contract which fulfils all of the pillars and the
prerequisites, and has full effect in the law.
Baatil )Void(: A contract that has failed to fulfil specific pillars
or vital prerequisites. A contract which is Baatil is the opposite of
one which is Saheeh and has no legal effect at all. If a marriage
contract is found to be void, even if it is only discovered after
consummation, the legal condition will be as if it never happened at
all. The lineage of the father )of a child produced in such a
'marriage'( will not be established and there is no waiting period
)'Iddah( upon the woman. An example of this would be if a man married
a woman who was married to someone else at the time.
Faasid )Defective(: This is a contract which fails to fulfil some of
the prerequisites, but not the pillars.
With respect to marriage, there are four different kinds of conditions
which must be met:
1. Conditions Required for Initiating the Contract
These are the conditions that must be present with respect to the
pillars or fundamentals of the marriage contract.
2. Conditions Required for the Soundness of the Contract
These are conditions which must be fulfilled in order for the marriage
to have its proper legal effect. If these conditions are not met, the
contract is 'Defective' )Faasid(, according to Hanafi Fiqh, and 'Void'
)Baatil( according to the others.
3. Conditions Required for the Execution of the Contract
These are conditions which must be met for the marriage to have actual
practical effect. If these conditions are not met, then the marriage
is 'Suspended' )Mawqoof( according to Hanafi and Maaliki Fiqh; for
example, a minor girl until she reaches puberty.
4. Conditions Required for Making the Marriage Binding
If these conditions are not met, then the marriage is non-binding,
meaning that either of the two parties or others may have the right to
annul the marriage. If they accept the marriage with such
shortcomings, it becomes binding.
Prerequisites Required for Initiating the Contract
In this category, there are conditions concerning the two who are
getting married, as well as the form in which the contract takes
place.
Concerning the Two Getting Married:
The two people must meet the qualification of legal competence, i.e.,
they must be adult and sane. If they are not, the marriage will be
invalid.
Secondly, the woman cannot be from those categories of women that are
forbidden for a man to marry. For example, suppose a man married a
woman and later discovered that they had been breastfed by the same
woman. In this case, it is as if the marriage never took place
because these two were not allowed to marry each other and the
marriage becomes null and void.
Concerning the Contract:
There is near unanimous agreement on the following conditions relating
to the transaction of the marriage contract:
1. The offer and acceptance must be done in one sitting. In general,
this means that the response must be immediate. Exactly what is
considered a 'sitting' depends on custom and other related factors.
2. The acceptance must correspond to what is being offered. If the
guardian says: "I marry you to Khadeejah", a response of: "I accept
Faatimah as my wife" would not constitute a valid contract. An
exception to this is if the Wali )guardian( mentions a specific dowry
amount and the groom responds with a higher amount. It is regarded
that there is no reason for dispute here since it is assumed that a
higher dowry will be acceptable.
3. The Wali cannot rescind the offer. Unlike transactions of selling,
neither party can say: "I have changed my mind" once they have uttered
the offer/acceptance. It is immediately binding. In a sale, they both
continue to have the option to change their mind until the 'sitting'
is over and they part.
4. The marriage must be effective immediately. If the Wali says 'I
will marry her to you after one month', there is no marriage and the
two remain unmarried.
Note that the custom of saying: 'I accept' three times, which is
common in some Muslim cultures, has no legal significance. Once the
first 'I accept' has been uttered, everything after that is
meaningless - whether positive or negative.
Adding Stipulations to the Marriage Contract
This is where one party states a stipulation binding on the other
party for specific reasons or goals. The offer/acceptance is tied to
this stipulation by mention. There is a difference of opinion among
the scholars concerning the validity of conditions of this nature.
Conditions of contracts are two types:
1( Those imposed directly by the Sharee'ah )Islamic Legislation( and
2( Those drawn up by one or more of the parties.
When any contract is entered into, the first type of conditions are
covered automatically, even if they are not stated in the contract.

Dought & clear, -(Rulings on prayer ),- He visualizes the Ka’bah when he prays and says du’aa’. Is this ihsaan?.

When I am praying and saying du'aa', I try to visualize the Ka'bah. Am
I achieving what is meant in the hadeeth, "Worship Allaah as if you
see Him"? When I visualize something else – which happens often and is
not waswaas – I feel that I am not attaining complete khushoo'
(focus), and when I am addressing Allaah I try to feel that. (And I do
this) because looking at the sky is makrooh. Please advise me, may
Allaah bless you.
Praise be to Allaah.
Ihsaan means doing a thing well. In sharee'ah this includes doing acts
of worship well and in the manner enjoined by Allaah.
If the worshipper remembers that Allaah is watching him and looking at
him, this will make him do his act of worship well and enable him to
reach a high status thereby.
It was narrated that Abu Hurayrah said: One day the Messenger of
Allaah (S) appeared before the people and Jibreel came to him and
said: O Messenger of Allaah, what is faith? He said: "To believe in
Allaah, His angels, His Book, the meeting with Him, and His
Messengers, and to believe in the resurrection hereafter." He said: O
Messenger of Allaah, what is Islam? He said: "Islam is to worship
Allaah and not associate anything with Him, to establish the
prescribed prayers, to pay the obligatory zakaah, and to fast
Ramadaan." He said: O Messenger of Allaah, what is ihsaan? He said:
"It is to worship Allaah as if you can see Him, for although you
cannot see Him, He can see you."
Narrated by al-Bukhaari (50) and Muslim (9).
Ibn Rajab (may Allaah have mercy on him) said: This indicates that one
should worship Allaah in this manner, which is keeping in mind that He
is close, and that is He is before you as if you could see Him. This
leads one to fear Him, venerate Him and show respect. It also leads
one to be sincere in worship and strive hard to do it well and make it
perfect and complete. End quote.
Jaami' al-'Uloom al-Hukam(1/35).
He also said: The basic meaning of khushoo' is softness of heart,
tranquility, submission and humility. If the heart is properly focused
in this manner, then the rest of the body will follow it in focus,
because they follow it as the Prophet(peace and blessings of Allaah
beupon him) said: "In the body there is a piece of flesh which, if it
is sound, the entire body will be sound, but if it is corrupt, the
entire body will be corrupt. Verily it is the heart."Narrated by
al-Bukhaari (25) and Muslim (1599).
If the heart is focused then the hearing, sight, head, face and all
the parts of the body will be focused, as will all the things that
stem from them, even speech.
Then he said: The focus that appears in the heart stems from awareness
of Allaah and acknowledgement of His might, power and perfection. The
one who knows more of Allaah will be more focused.
People vary in their focus according to their knowledge of the One
before Whom they are standing and their awareness of the attributes of
Allaah that lead to more focus. Some focus because of their sense of
being so close to the Lord and that He is aware of what is in their
hearts and minds. That leads them to feel humble before Allaah and
know that He is watching all their movements. And there are some who
focus because of their awareness of His might, glory and greatness,
which leads them to venerate Him and fear Him. And there are some who
focue because of their awareness of His perfection and beauty, which
leads them to be filled with love for Him and long to meet Him.
And there are some who focus because they are aware of the severity of
His wrath, vengeance and punishment, which leads them to fear Him.
Allaah is the One Who takes care of those who are humble before Him,
because He draws close to those who submit to Him, as He draws close
to the one who addresses Him in prayer and lowers his face in the dust
before Him when prostrating, and He draws near to those who come to
His House to stand before Him and beseech Him as they stand in
'Arafah. He draws close to them and boasts of them before the angels,
and He draws near to His slaves who call upon Him and ask of Him and
pray for forgiveness of their sins in the time before dawn. He answers
their prayers and grants them what they ask for, and no better reward
for the slave's humbleness than the closeness of Allaah and His
response to their prayers. End quote.
Al-Dhill wa'l-Inkisaar li'l-'Azeez al-Jabbaar(inRasaa'il ibn Rajab, 1/290, 293).
As for that which the questioner mentions about visualizing the Ka'bah
when he prays, we do not know of any basis for that and it does not
seem that this visualizing would help in attaining true focus
(khushoo') in prayer. How many of those who have been in the vicinity
of the Ka'bah and seen it with their own eyes prayed as if they were
praying in the marketplace, without any real focus.
In the hadeeth of Abu Hurayrah that is quoted above, the Prophet(peace
and blessings of Allaah be upon him) explained what ihsaan is, and
said that it means "to worship Allaah as if you can see Him"; he did
not say, "as if you can see the Ka'bah."
And Allaah knows best.