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Friday, March 28, 2014

Dought & clear, - The basic principle is that zina is a greater sin than gambling and drinking alcohol



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I would like to know which sin is greater and more serious: zina, drinking alcohol or gambling?.
Praise be to Allaah.
The texts of the Qur'aan and Sunnah indicate that zina, alcohol and gambling are major sins. Allah says (interpretation of the meaning):
“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al‑Ansaab (stone altars for sacrifices to idols etc) and Al‑Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”
[al-Maa’idah 5:90]
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allaah forgives him”
[al-Isra’ 17:32].
Al-Bukhaari narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “No adulterer is a believer at the time when he is committing adultery; no thief is a believer at the time when he is stealing; no drinker of wine is a believer at the time when he is drinking it.” Narrated by al-Bukhaari (5578) and Muslim (57).
Allah has made avoiding these evil deeds a condition of expiation of bad deeds and rising in status. Allah says (interpretation of the meaning):
“If you avoid the great sinswhich you are forbidden to do, We shall expiate from you your (small) sins, and admit you to a Noble Entrance (i.e. Paradise)”
[al-Nisa’ 4:31].
It was narrated from Abu Hurayrah that the Messenger of Allah (blessings and peace of Allah be upon him) used to say: “The five daily prayers, from one Jumu’ah to the next, and from one Ramadaan to the next, are an expiation for whatever (sins) come in between, so long as one avoids major sins.” Narrated by Muslim (233).
Secondly:
The most serious of these three major sins is zina, because Allah mentioned it alongside worshipping idols and murder. Allah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse”
[al-Furqaan 25:68].
And because, in addition to its being a major sin and transgression against the rights of Allah, it is also a transgression against the dearest and noblest thing that a person can possess, which is his honour, in addition to the serious negative consequences, evils and shame that result from it, which may last for a long time and affect generation after generation -- Allah forbid.
Al-Mundhiri (may Allah have mercy on him) said:
It is true that when the one who persisted in drinking alcohol dies, he will meet Allah like one who worshipped idols, and there is no doubt that zina is worse and more serious before Allah than drinking alcohol. End quote.
Al-Targheeb wa’l-Tarheeb, 3/190.
Al-Safaareeni (may Allah have mercy on him) said:
Zina is the most serious of major sins after shirk and murder. End quote.
Ghidha’ al-Albaab, 2/305
Hence the hadd punishment for zina is more severe than that for drinking alcohol, especially if the person is married.
And drinking alcohol is worse than gambling. The Prophet (blessings and peace of Allah be upon him) cursed ten with regard to alcohol: the one who squeezes it (the grapes etc), the one for whom it is squeezed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it, the one who consumes its price, the one who buys it and the one for whom it is bought.” Narrated by al-Tirmidhi, 1259; classed as saheeh by al-Albaani.
It leads to all evil and bad attitudes, and it is the mother of all evils.
But the matter may vary, according to the evils and corruption that result from it. A man may commit zina once and then never repeat it; a man may drink alcohol and become addicted to it, so his attitude becomes bad and he commits a lot of immoral deeds, forsakes his family and does not spend on his children; his love of alcohol may tempt him to steal and keep company with bad people, and other things that some of these people may fall into. So in that case, his situation is worse and his sin is greater than the one who commits zina once and then gives up zina.
Al-Nasaa’i (5666) narrated that ‘Uthmaan (may Allah be pleased with him) said: “Avoid alcohol for it is the mother of all evils. There was a man among the people who came before you who was a devoted worshipper. A seductive woman fell in love with him, and she sent her slave-woman to him to call him to bear witness. He went with the slave-woman, and every time they passed through a door, she locked it behind them, until he reached a beautiful woman with whom was a child and a vessel of wine. She said, ‘I did not call you to bear witness, rather I called you either to have intercourse with me, or to drink a cup of this wine, or to kill this child.’ He said, ‘Pour me some of this wine.’ So she poured him a cup, then he said, ‘Give me more,’ and he did not stop until he had has intercourse with her and killed the child. So avoid alcohol, for by Allaah faith and addiction to wine cannot be combined except soon one of them will be expelled.”
Classed as saheeh by al-Albaani inSaheeh al-Nasaa’i.
al-Saawi said in his commentary onal-Sharh al-Sagheer(4/500) about drinking alcohol:
Its evil consequences are worse than the evil consequences of zina because it is very common, because drinking it may lead to zina, stealing and murder, hence it was narrated that it is the mother of evils. End quote.
So the basic principle is that zina is the worst of the three, then alcohol, then gambling. But it may vary according to the evil consequences that result from it. What is required is to keep away from all of that and similar major sins and haraam actions. The one who has a problem with any of these evils at any time should conceal himself with the concealment of Allah and hasten to repent before it is too late and before a seal is placed on his heart as the result of continuing evil actions and sins.
Allah says -- after mentioning a number of major sins and immoral actions, such as associating others with Allah, murder, zina and other major sins (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse __and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-71]
And Allah knows best.









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Dought & clear, - She repented from a haram relationship in which she lost her virginity. Should she marry who fornicated with her?















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I am in a relationship with a man who took my virginity. I repented from such evil deeds and ask Allah to accept my repentance. This man proposed to me, but he is not religious, he smokes cigarettes and hashish and drinks alcohol. What should I do, he knows my matter. Or shall I leave him and have a hymen repair operation done and marry a religious man? I was pregnant and I aborted the baby. Allah knows how sincere my repentance is.
Praise be to Allaah.
Firstly:
Zina (fornication or adultery) is a major sin. Allaah has forbidden doing the things that lead to it and has prescribed the hadd punishment for the one who does it, and He has warned adulterers of punishment in the Hereafter.
Allaah says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allaah forgives him”
[al-Isra’ 17:32].
Ibn Jareer al-Tabari (may Allaah have mercy on him) said:
“And come not near” O people
“to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin)”. Zina (translated here as “unlawful sex”) is a great sin.
“and an evil way” i.e., the way of zina is an evil way, because it is the way of the people who disobey Allaah and go against His command; what a bad way is the way that leads a person to the fire of Hell.
Tafseer al-Tabari(17/438).
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on him) said:
The prohibition on approaching it is more eloquent than a simple prohibition on doing it, because that includes the prohibition on all the things that lead to it and promote it, because “the one who grazes his flock around a protected areas will soon transgress upon it,” especially in a matter of this nature when the motive is very strong. Allaah describes zina as abhorrent, as He says “it is a Faahishah (i.e. anything that transgresses its limits: a great sin)”, i.e., it is a sin which is abhorrent according to sharee’ah, reason and common sense, because it is a transgression against Allaah, and against the woman and her family or husband, and it leads to immorality, confusion of lineages and other evil consequences.
“and an evil way” means: what an evil way is the way of the one who dares to commit this grave sin.
Tafseer al-Sa’di(p. 457).
See also the answers to questions no. 76060, 20983and 95754.
Secondly:
With regard to the abortion, if the soul had been breathed into the foetus, then this is another crime in addition to the crime of zina. If the soul had not yet been breathed into the foetus then it is less serious.
For a detailed discussion on that, please see the answers to questions no. 11195, 13319, 13331and 90054.
Thirdly:
We praise Allaah for having enabled you to repent, and we hope that it is sincere repentance. The conditions of sincere repentance include: regretting the sins that you have committed, and immediately giving up that immoral action, and everything that leads to it such as contact, correspondence and dates. The conditions of repentance also include resolving not to return to this deed.
You also have to do a lot of righteous deeds, such as prayer, reading Qur’aan and fasting, so as to strengthen your faith and piety. Good deeds erase bad deeds and sincere repentance erases that which came before it, and turns bad deeds into good deeds. Allaah says – after mentioning the sins of shirk (associating others with Allaah), murder and zina – (interpretation of the meaning):
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:70].
Fourthly:
With regard to marrying that criminal, you should understand that in order for the marriage of a man and woman who had committed zina to be valid, it is essential that they repent sincerely. It seems to us from your questions that he has not repented from what he did, rather he had added to the first calamity the other bad things that he is doing, such as smoking hasheesh and drinking intoxicants. What we think is that one who is like this also does not pray. If this is indeed the case, then it is definitely not permissible to accept him as a husband, because not praying is kufr that puts a person beyond the pale of Islam, and it is not permissible for a Muslim woman to marry a kaafir.
For a more detailed discussion on the issue of marrying a zaani (one who commits fornication or adultery), please see the answers to questions no. 85335, 87894and 96460.
Fifthly:
With regard to having an operation to repair the hymen, this is haraam, because it is deceiving the one who marries you.
For a detailed discussion of this matter, please see the answer to question no. 844.
With regard to telling your future husband that you lost your virginity in this haraam relationship, that is not permissible, because it is exposing your faults, and the Muslim is required to conceal his faults. You can use double entendres in your speech. It is well known that the hymen may be broken by means of something other than intercourse in some cases, so you can make the most of that by using a double entendre.
See the answer to question no. 42992.
But if it is possible to encourage this person to repent sincerely and pray regularly, and he shows sincerity and signs of repenting and praying regularly, then there is nothing wrong with accepting him as a husband. Undoubtedly this solution would be easier for you, and more concealing for you, but how could one believe a person like that?!
We ask Allaah to accept your repentance and set your affairs straight, and to conceal our faults and yours in this world and in the Hereafter.
And Allaah knows best.











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Dought & clear, - Her father did not allow her to marry a man, then she committed zina with him















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I have been facing a serious problem for approximately one year. I am a Turkish girl, twenty-one years old, and I live in Germany. Although my family are not religiously committed, I am trying – praise be to Allah – to adhere to the teachings of Islam. But despite that there are many problems between me and my family, because they object to me adhering to religious observances such as wearing hijab and so on. Now I want to get married to an Afghan man who is also religiously committed. I told my father about that, but he is a fanatic nationalist, and he rejected this marriage, and he beat me for this reason. I can no longer put up with it and my mother cannot help me, because she is very afraid of my father. We have been waiting for a year, and he has not agreed to the marriage yet. During this period we committed zina, and we do not know what to do. We feel distraught, and we want to get married, but we cannot do that without my father’s agreement. Hence I do not know what to do. Is it permissible to get married without the consent of the girl’s father?
Praise be to Allah.
Firstly:
We are very surprised when you say that you are trying to adhere to the teachings of Islam, then we see that you have squandered the most precious thing a girl possesses after her religious commitment, which is her chastity and honour! How could you accept to sink to such a level and commit this evil action?! How could you have surrendered your honour to be violated by a stranger (non-mahram)? Does the fact that your family does not agree to marriage to a particular man make it permissible for you to fall into zina and commit this grave major sin?!
We are also surprised by a religiously committed man who tempted you to commit this evil action, or who fell into this evil action with you. To be honest, we do not know what religious commitment is in your opinion!
What you must do now is repent sincerely from what you have done. That requires you to regret what has happened, to resolve not to commit such a sin again, and to cut off ties completely with that evildoer and sinner. It is not permissible for you to talk to him or correspond with him, let alone meet him. This is what is required by sincere repentance which Allah, may He be exalted, has enjoined upon the sinners, as He says (interpretation of the meaning):
“O you who believe! Turn to Allah with sincere repentance! It may be that your Lord will remit from you your sins, and admit you into Gardens under which rivers flow (Paradise)…”
[at-Tahreem 66:8].
Secondly:
You should understand that the action that you have both committed has made it haraam for you to marry, even if your father agrees to the marriage. That is because Allah, may He be exalted, has prohibited marriage of the man and woman who commit zina, unless they both repent.
Ibn Qudaamah (may Allah have mercy on him) said:
If a woman commits zina, it is not permissible for the one who is aware of that to marry her, unless two conditions are met:
1. That her ‘iddah has ended; if she became pregnant as a result of zina, then her ‘iddah ends when she gives birth, and it is not permissible to marry her before that.
2. That she should repent from zina.
He also said:
If these two conditions are met, it is permissible for her to marry the zaani or someone else, according to most of the scholars, including Abu Bakr, ‘Umar, Ibn ‘Umar, Ibn ‘Abbaas, Jaabir, Sa‘eed ibn al-Musayyab, Jaabir ibn Zayd, ‘Ata’, al-Hasan, ‘Ikrimah, az-Zuhri, ath-Thawri, ash-Shaafa‘i, Ibn al-Mundhir, and ashaab ar-ra’y. End quote.
Al-Mughni, 7/108, 109
We have previously discussed the ruling on this matter in the answers to the following questions: 11195, 85335, 96460, 87894and 14381
Therefore, if Allah enables you to repent sincerely from this obvious sin and immoral action, then it will be possible for you to marry this man, if you think that he has repented sincerely too, and if you can convince your father or he (the man) can try to win him over. If that is not possible, then perhaps Allah will give you someone better than him instead.
Thirdly:
With regard to parents and guardians in general, we advise them: fear Allah with regard to the girls under your care, and do not do anything that you will regret afterwards for the rest of your lives, when regret will not benefit you. “If there comes to you one with whose religious commitment and character you are pleased, then give (your daughter or female relative under your care) to him in marriage.” This is the advice of your Prophet (blessings and peace of Allah be upon him). “For if you do not do that, there will be tribulations on earth and much corruption,” as it says in the rest of the hadeeth. So if someone comes to you, wanting to marry your daughter or sister, do not put obstacles in his path; do not give precedence to language, nationality, race or colour over religious commitment. Do not give the Shaytaan any opportunity to cause your daughters and female relatives to fall into his traps. Beware lest the Shaytaan tempt them to do two serious things, two grave sins, namely zina or marrying without a wali (guardian) one who came to propose marriage to her and was rejected by you, because that (marrying without a wali) makes the marriage contract invalid. Here you have seen the real-life story that is mentioned in this question; the girl ended up committing zina with the man who had proposed to her, and now she is asking about getting married without the permission of her wali. This is not an excuse for her, but what will your excuse be before your Creator when He calls you to account for the trust that He commanded you to take care of? What will be your excuse before Allah when you rejected a religiously-committed man who wanted to marry your daughter or your sister in accordance with the Qur’an and Sunnah?
We are not making any excuse for that girl who has committed a grave sin; if she gets married without the permission of her wali, then her marriage will be invalid. But at the same time, we are blaming the guardians who do not fear their Lord, may He be exalted, and who neglected that which was entrusted to them.
We also say to the girl: It may be better for you if your family reject some of those who want to propose to you, if they think that this is better with regard to your religious commitment and your worldly affairs, so you should not insist on a particular person. Guardians who prevent their daughters or female relatives from getting married at all are sinning, and in that situation she may refer her case to the shar‘i judge or whoever is acting in his stead, so that guardianship may be passed to someone other than that guardian who is refusing to arrange her marriage. If there is no one else who is deserving of guardianship, then the shar‘i judge or whoever is acting in his stead then assumes the role of guardian (wali) and he may arrange her marriage himself. But if a woman does the marriage contract for herself without any guardian (wali) at all, then her marriage contract is invalid.
For more information on this matter, see the following questions: 7193, 10196, 36209, 2127and 7989.
In the questions referred to there is a discussion of the evidence for the marriage contract being invalid if it is done without the consent of the guardian (wali), as well as a discussion of what the woman should do if her guardian (wali) is preventing her from getting married, and so on.
See also the answer to question no. 20162 for the stories of some women who went against their families’ opinions and married the men they wanted to marry.
And Allah knows best.








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