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Sunday, March 16, 2014

Fathwa, - Asking divorce













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Question
Recently a friend asked me if a wife has a good reason to divorce her husband, can she do that by giving him back the present he gave her on the first day of their marriage, and if she needs witnesses to do that? I have already advised my friend to think deeply on what she is thinking about. I hope, Insha-Allah, she will think clear with the help of Allah before she takes any decision.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The woman does not divorce as divorce is in the hands of the husband. But the fact that the woman gives back the Mahr to her husband in return for his divorcing her is calledKhulu’and it is also in the hands of the husband.
On the other hand, it is unlawful for the woman to ask for divorce unless there is a legal reason for that. The Prophet )Sallallahu Alaihi wa Sallam( said: “Any woman who asks her husband to divorce her, although he did not cause her any harm, the smell of Paradise is forbidden for her”. ]Abu Dawud and Al Tirmizi[
It is likeable in Shariah to ask a person or more to bear witness for divorce orKhulu’but it is not an obligation. Allah Says )interpretation of meaning(: }…And take for witness two just persons from among you )Muslims(……{]65:2[.
Finally, we advise this woman, and indeed all other women, not to ask for divorce orKhulu’unless she is incurring an evident harm that she cannot overcome. And before doing so, she should seek the advice of others and makeIstikhara.
We ask Allah to ease the matters of all Muslims and guide them all to the right path.
Allah knows best.







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Fathwa, - A non-Muslim woman wants to divorce her Muslim husband













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Question
How can a woman who is married to a Muslim )and she is not Muslim( get a divorce?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
It is not permissible for a Muslim to marry a non-Muslim, except if she is among the People of the Book, i.e. a Christian or a Jew. For this marriage to be valid, the woman has to be chaste; the evidence is the Saying of Allah: }Made lawful to you this day are At­Tayyibât ]all kinds of Halâl )lawful( foods, which Allâh has made lawful )meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.(. The food )slaughtered cattle, eatable animals, etc.( of the people of the Scripture )Jews and Christians( is lawful to you and yours is lawful to them. )Lawful to you in marriage( are chaste women from the believers and chaste women from those who were given the Scripture )Jews and Christians( before your time,…{]5:5[.
Therefore, if the said woman is a Christian or a Jew, then the marriage is correct, and the rulings about marriage apply to them. If for instance she hates her husband and the social relations between them had become impossible, then she can ask for divorce from him, if he accepts then there is no problem. However, if he refuses, she can suggest giving him an amount of money in exchange of him divorcing her. If she is harmed by staying with him, then she can take the matter the Islamic courts, which can grant the divorce on his behalf. However, if the woman is an atheist or upon any kind of disbelief, then it is not valid for a Muslim to marry her in the first place and she does not need a divorce to be separated from him. If your marriage is in the last category and it is registered in the legal system then you can seek redress through the courts, because Islam does not recognize such a marriage.
Allah knows best.








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Dought & clear, - She committed zina and got pregnant from a stranger. What should she do?













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There is a married woman who was in a love relationship with a young man before she got married. When she got married she continued this haraam relationship without her husband knowing, until she committed immoral actions with him and got pregnant from him. But she has turned back to Allah and repented, and she is saying: Can she repent? What should she do with the foetus that is in her womb? If she tells her husband then her fate is sealed, namely divorce, and there could be a huge problem if this matter becomes known among her family and her husband’s family. But if I hide this matter from my husband and family, then the child will be illegitimate and that will affect many rulings concerning spending, being alone with the child, ties of kinship, etc.
I hope that you can help me with regard to this matter, for I am very worried and anxious, but now I am repenting and I regret what I did.
Praise be to Allaah.
Firstly:
Undoubtedly what you have done, committing zina (adultery) when you were married, is a major sin. Because zina is a major sin, it is a serious matter when committed by those who are married. Hence the punishment for the unmarried person who commits zina is one hundred lashes, and the punishment for the married person whose marriage was consummated is stoning to death.
Secondly:
Although the sin that you have committed is so abhorrent to those who have a sound human nature and common sense, it does not mean that you cannot repent. Allaah rejoices over the repentance of sinners and accepts it from them.
Allaah says (interpretation of the meaning):
“Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft‑Forgiving, Most Merciful”
[al-Zumar 39:53]
Ibn Katheer (may Allaah have mercy on him) said:
This verse is a call to all sinners, kaafirs and others, to repent and turn to Allaah. It tells us that Allaah forgives all sins for the one who repents from them and gives them up, no matter what they are, and even if they are as many as the foam of the sea. End quote.
Tafseer Ibn Katheer(7/106).
We hope that your repentance is sincere, and includes regret for what you have done, and resolve not to commit the sin again after repenting.
Thirdly:
As for whom the child is to be attributed to – he is to be attributed to your husband if he had consummated the marriage with you, because the Prophet (peace and blessings of Allaah be upon him) said: “The child is for the bed,” meaning that if a woman has gotten married to a man by means of the marriage contract and he has consummated the marriage with her, if she produces a child, then the child is to be attributed to her husband.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about a married woman who had three children, and she became pregnant with a fourth child as the result of zina. Is it permissible for her to abort the foetus, or should she keep it? If she keeps it, should she tell her husband or not? And what should the husband do in this case?
He replied: It is not permissible for her to abort the foetus. What she has to do is repent to Allaah and not disclose this matter. The child belongs to her husband, because the Prophet (peace and blessings of Allaah be upon him) said: “The child belongs to the (marital) bed, and the adulterer gets nothing.” May Allaah set all our affairs straight. End quote.
Fataawa al-Shaykh Ibn Baaz(21/205).
This is the ruling stated in fatwas by the Standing Committee for Issuing Fatwas.
And Allaah knows best.








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