Fathwa, - Informing about fertility problems before marriage

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Question
Two friends married their son & daughter to each other. The boy was undergoing hormonal treatment for past 6 years prior to the marriage. The treatment was not informed to the girl or her parents prior to marriage. The marriage was done on the assurance of Endocrinologist who said that there are patients with similar background who have got children. After 6 years of marriage, they are childless. They have tried all medical treatment, biopsy and IVF treatment but no success since absence of sperm & the girl is having PCOD & mild thryroid. The lady doctor says that the girl can become pregnant since PCOD is treatable. The boy is undergoing treatment in the GULF)NRI( by another Endocrinologist to find any sucess in treatment. 1. In Islam is it necessary to tell everything before marriage on the health related issues. 2. Is this cheating ? since health was not informed. If YES, what does shariah says on the boys parents and the boy? 3. if they want to adopt what does shariah say?
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.
According to the view of the majority of the scholars it is not an obligation on either would-be spouse to inform the other about him/her being sterile even if this is definite, let alone if this is not definite and it is possible for him/her to be treated.
The deficiencies that a man who proposes to marry a woman is obliged to inform her are the deficiencies that prevent sexual intercourse or the repulsive or contagious diseases such as leprosy, vitiligo and the like. For more benefit, please refer to Fataawa 90593and 128182.
Based on what we mentioned that it is not an obligation to inform about fertility problems, then not informing about it is not considered as cheating, so this boy and his parents are not sinful for this, even though it was more appropriate to inform about it.
However, this wife is permitted to ask her husband for divorce due to the harm that is caused to her because of his sterility if she has despaired of him being able to have children while she wants children, especially that some scholars are of the view that sterility is a deficiency because a deficiency is anything that prevents an objective of marriage from being achieved, and among the most important objectives of marriage is having children.
As regards adoption, it is forbidden and this is discussed with evidence in Fatwa 82371. Therefore, it is not permissible for them to resort to it. Nonetheless, the door to do good to people is open and it is an act by which one gets closer to Allaah. So, they may nurture a child and be kind to him/her without adopting him/her.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Personal, - In Allah’s Hands alone - II

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The power of Allah
The prophets of Allah, peace be upon them, and those who possess religious knowledge keep away from things which cloud their judgment in any situation. First and foremost, they know that there are no Asbab )means or ways( to anything except by the expressed Will of Allah. It is following the commands and prohibitions that Allah Almighty has prescribed for us that enables us recognize and see the truth for truth and adhere to it, and to see falsehood as such and avert it. Deception is the only other alternative. There is a striking example of this in the Quran. When Talout, or Saul, set out to defeat Goliath, he tested his men by prohibiting them during their force march from drinking in a nearby river, saying: "He who drinks of it is not of me" ]2:249[. Nearly all the men, perhaps thinking of the long march ahead, and how they were going to need water for physical strength, drank from the river—disobeying him! They calculated strength and ability by physical means, instead of understanding that God has power over all things and gives success to whom He wills.
By the time Saul crossed the river, those who had drunk from the water said: "No strength have we today against Goliath and his forces," ' and they gave up! By disobeying God's messenger, they lost the true power of faith in Allah!
But those who realized they would certainly meet Allah Almighty said: How many a small company has prevailed over a more numerous company by Allah's permission. And Allah is with those who are patient!" Those of Saul's men who obeyed him, and knew that all might and power is with Allah, were given deeper understanding and ability from Allah to defeat the enemy.“And when they went forth to ]face[ Goliath and his soldiers, they said, ‘Our Lord, pour upon us patience and plant firmly our feet and give us victory over the disbelieving people.’ So they defeated them by permission of Allah, and David killed Goliath, and Allah gave him the kingship and prophethood and taught him from that which He willed. And if it were not for Allah checking ]some[ people by means of others, the earth would have been corrupted, but Allah is full of bounty to the worlds.”]Quran 2:250-51[
The choice is ours
The believers know that Allah's supreme power is obvious in every single thing that they see in this world, and that their own capabilities are given to them only by Allah—and may be taken away from them By Him Almighty at anytime. Sometimes the Companions of Prophet Muhammad, sallallaahu alayhi wa sallam, would shake out of fear of not living from one moment to the next. Living with such awareness is living with full knowledge of Allah's absolute Lordship over His creation.
The Prophet, sallallaahu alayhi wa sallam, referred to Allah Almighty as "the One in Whose Hands is my soul." This underscores the incredible sense of awe he felt toward his Creator, the Giver of Life, and the Bringer of Death. Allah Almighty gave the Prophet Muhammad, sallallaahu alayhi wa sallam, and his Companions, may Allah be pleased with them, ultimate strength and victory in this life. But why do most of our peers have such a drastically different sense?
It contrasts so markedly with our own because the state of the Companions, may Allah be pleased with them, came from a conscious effort and deliberate choice. Believers constantly remind themselves of Allah's absolute power over existence. Disbelievers, on the other hand, do not see signs of Allah Almighty at all—anywhere. The reason for this is quite simple: The Prophet Muhammad, sallallaahu alayhi wa sallam, said Allah Says:"I am at the contemplation of My servants: I am with him when he remembers Me. If he remembers Me in himself, I too, remember him in Myself.”
Imagine that. The intimacy between Allah Almighty and the individual human is dependant in the sense of spiritual favor on how often we ourselves actually choose to open our hearts and turn to our Creator in gratefulness and repentance, and for signs of guidance. If we do not turn to Allah Almighty, we have no guarantee that He Almighty will turn to us. But if we turn to Him, then Allah Almighty is the Ever-Returning. He will turn to us, give us knowledge of Him, strengthen our hearts, and open up doors for our advancement in the real life to come.
He Almighty is the one who purifies His servants' intellect and gives them a criterion for understanding the values of things in the life of this world, till they meet Him in the next. Allah Almighty gives His obedient servants a criterion for recognizing the true nature of power and might, and the ultimate value of the things around them and the actions they choose to do. There is a connection between these three things—the Divine criterion, the true nature of power, and the ultimate value of things and actions—which the human being instinctively relies upon even in his daily interactions with others. We must look to utilize this part of our human nature in our daily interactions with Allah Almighty.
For there is no power nor might nor value to anything except through Him.

- PUBLISHERNajimudeeN M

Personal, - Curbing the Causes of Immorality in Society

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Islam not only forbids unlawful sexual intercourse, it also forbids all the means that might lead to it, such as:
• Looking at women:If the eye conveys that which Allah The Almighty has made permissible for it to view, then the heart is protected from trials. However, if the eye conveys that which Allah The Almighty has prohibited, such as images of women and pornography, then the heart becomes sick and the person is afflicted with the ailment of gazing at women. For this reason, Allah The Almighty has prohibited looking at women and immediately followed this prohibition by commanding people to protect their private parts; this is in fact a confirmation of the fact that looking at impermissible things is a precursor to fornication and adultery. Allah The Almighty Says )what means(:}"Tell the believing men to lower their gaze )from looking at forbidden things(, and protect their private parts )from illegal sexual acts(. That is purer for them. Verily, Allah is All-Aware of what they do. And tell the believing women to lower their gaze )from looking at forbidden things(, and protect their private parts and not to show off their adornment except that which is apparent )like eyes for necessity to see the way, or outer palms of hands or dress like veil, gloves(."{]Quran, 24: 30-31[
• Intermixing between men and women, and men being in seclusion with women:The reason behind this prohibition is that it could lead to the establishment of illicit relationships between men and women that usually end up with them committing fornication or adultery. The Prophet, sallAllahu ‘alayhi wa sallam, said:“Whenever a man is alone with a woman, Satan is the third in their company.”]At-Tirmithi[
This is by no means an accusation of being unable to control one's desires, rather, it is a reference to the natural inclination between them. It is also a warning that this inclination could transgress Allah's limits and result in fornication or adultery due to the prohibited act of being alone and with the influence of Satan.
Some ignorant people object to this Hadeeth )narration( claiming that even if Satan was the third, their conscience would be the fourth! They forget, or pretend to, that the temptation of women can outstrip the effect of the conscience, the mind, one's chastity and even one's religion; and that for every one person who can control himself when alone with a marriageable woman, there are thousands who cannot.
If one analyses the causes behind the widespread incidents of rape in the West, which are in the millions, one will discover that very many of them resulted from men and women being alone together, and this is most common in those countries which are the most open sexually.
Intermixing is a dangerous practice which many people indulge in under the guise of being civilized and up-to-date with the new developments of the century, as well as the claimed equal rights of men and women. This practice has removed bashfulness from the hearts of men and women; it is a way by which Satan corrupts the hearts, incites sexual desires and entices people to commit prohibitions. Indeed, many cases of betrayal and subsequent divorce are due to intermixing between men and women.
• Limiting women in the extent to which they are allowed to leave their homes:Islam has commanded Muslim women to remain in their homes and to cover up in front of unrelated men and clarified that this is perfect chastity, complete virtue and a purification of the hearts. Allah The Almighty Says )what means(:}"And stay in your houses, and do not display yourselves like that of the times of ignorance" )Al-Ahzaab: 33( and: "And when you ask )his wives( for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts."{]Quran, 33: 53[
Women leaving their home must do so only for necessity and whenever they do go out they must remain within the boundaries set by Islam so that they do not become a target for men who are out to take advantage of them. When a woman goes out for a necessity she must adhere to full Hijaab and reveal nothing of her internal or external adornment. She must not wear short, tight, transparent clothes or something with a split which exposes part of her legs. Decorated garments are also prohibited for women as well as garments with wide sleeves which reveal her arms, or any other type of clothing which is attractive and eye-catching. To emphasize this, the Prophet, sallAllahu ‘alayhi wa sallam, even forbade women who wished to perform the act of worship of congregational prayer from attending the Masjid if they were perfumed, by saying:“Any woman who wears perfume should not attend the ‘Ishaa’ prayer )i.e. must remain at home(.”]Muslim[
The Prophet, sallAllahu ‘alayhi wa sallam, even forbade women from walking in the middle of walkways so that they would not mix with men. Abu Usayd, may Allah be pleased with him, said that he heard the Prophet, sallAllahu ‘alayhi wa sallam, addressing women while he was leaving the mosque and noticed that men and women had mixed, so he said:“Stay back, you )women( do not have the right to control the middle of the way; but use the sides of the road.”]Abu Daawood[ Thereafter, women would walk so close to the walls that their garments would stick to them.
• Forbidding soft talk and tender tones:Immorality is reached through different means; by sight, actions or words. Therefore, Allah The Almighty forbade the believing women from being soft in their speech while talking to men; Allah The Almighty Says )what means(:}"O wives of the Prophet! You are not like any other women. If you keep your duty )to Allah(, then be not soft in speech, lest he in whose heart is a disease )of hypocrisy, or evil desire for adultery( should be moved with desire, but speak in an honourable manner."{]Quran, 33: 32[
Women today slight this issue. In fact, many women intentionally soften their tone whilst talking to men; prolong the conversation and exchange laughter and looks. This is exactly how sinful relationships between men and women are initiated.

- PUBLISHERNajimudeeN M