Invalid Marriages, - * Marrying a Christian woman without a wali (guardian) or witnesses

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I wanted to take a second wife, and because it is difficult to convince my first wife and my community about this wish, and to avoid breaking up my marriage and causing trouble to my family from my first wife, I could find no solution more suitable then marrying a Christian woman who I had got to know in a foreign country. My marriage to her was done as follows: I informed her of my wish to marry her, and she agreed to be my wife. But she did not have any guardian, because her father is Christian and would never accept her marrying a Muslim, and he does not care about her anyway. So she gave herself to me in marriage without a wali (guardian), and I followed the view that it is permissible for a previously married woman to give herself in marriage. Because we met in a foreign country, where I do not know anyone who could witness the marriage, I followed the view that the testimony of two witnesses to the marriage can be replaced by an announcement, because the purpose served is the same. So I contacted two sincere friends by phone and informed them of this marriage, so that announcement of the marriage could be done, and I informed others after that. I also gave her a mahr (dowry) and informed her that this mahr is her right as a wife. The mahr was in the form of a gold ring. I told her that this marriage was witnessed by Allah and that she was like a wife to me, and she had to be sincere to me as a wife and not commit any sin. She agreed to marriage on the basis of these conditions, and we got married and lived as husband and wife. Nevertheless I fear Allah, may He be glorified and exalted, and I am afraid that everything I have done may be invalid and subject to the ruling on zina (adultery or fornication). Recently I have been faced with some problems in my work and with my first wife, and I am afraid that Allah is punishing me. Yet I do not think there is anything wrong with my second marriage; she is Christian and has sacrificed a great deal. She has given up many of the rights that she has over me, and she understands my situation. She agreed to be my wife and she obeys me in what I have asked of her. I hope that there is nothing wrong with this second marriage of mine, even though I know that it goes against the conditions of marriage on which there is scholarly consensus, but I followed the opinions of respectable scholars. What is your opinion?
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Praise be to Allah.
Firstly:
It is not permissible for a Muslim to follow whatever he wants of opinions, even if they were stated by some of the scholars, because by doing that he is following his whims and desires and is not following the laws of Allah.
Rather what he must do – if he is able to – is to follow the most correct opinion which is supported by shar‘i evidence. If he is not able to weigh up which of the opinions is most correct, then he should ask someone whose knowledge and religious commitment he trusts, and follow the advice he gives him.
Secondly:
For marriage to be valid, it is stipulated that the wali (guardian) of the woman be present, and it is not permissible for the woman to do the marriage contract for herself, because the Prophet (blessings and peace of Allah be upon him) said: “There is no (valid) marriage except with a wali.” Narrated by Abu Dawood, 2085; classed as saheeh by al-Albaani inIrwa’ al-Ghaleel, 1839. And he (blessings and peace of Allah be upon him) also said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by Ahmad, 24417; Abu Dawood, 2083; at-Tirmidhi, 1102; classed as saheeh by al-Albaani inSaheeh Abi Dawood.
In that regard it makes no difference whether the woman is a virgin or previously married.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
One of the conditions of the marriage contract being valid is that it should be done by the wali (guardian), whether the woman is a virgin or previously married, because the Prophet (blessings and peace of Allah be upon him) said: “There is no (valid) marriage except with a wali.” End quote.
Majmoo‘ Fataawa Ibn Baaz, 21/39
If her father did not agree to this marriage because he did not want her to marry a Muslim, then guardianship passes to the next closest of her guardians, such as her brother, then her paternal uncle. If all of them refuse, the head of the Islamic Centre in her city can give her in marriage; if that is not applicable, then the imam of the Jaami‘ mosque may do that.
The majority of scholars are of the view that the marriage contract is not valid except in the presence of two witnesses to the marriage contract, because the Prophet (blessings and peace of Allah be upon him) said: “There is no (valid) marriage except in the presence of the wali and two witnesses of good character.” Narrated by al-Bayhaqi, 14086; classed as saheeh by al-Albaani inSaheeh al-Jaami‘, 13515.
Some of the scholars stipulated that the marriage must be announced publicly in order for it to be valid. According to these scholars, the announcement must come before consummation of the marriage. Telling two men about it does not constitute a public announcement.
Based on that, the marriage contract that you did is not valid, and you should not be intimate with her until after a new marriage contract which is done correctly, in accordance with the conditions stipulated in sharee‘ah.
The scholars of the Standing Committee for Issuing Fatwas was asked about a Muslim who marries a Christian woman without the permission of her guardian. They replied:
The marriage contract is not valid unless it is done in the presence of the wali and two witnesses of good character. It is not permissible for the woman to do the marriage contract for herself, because the Prophet (blessings and peace of Allah be upon him) said: “There is no (valid) marriage except in the presence of the wali and two witnesses of good character.” And he (blessings and peace of Allah be upon him) said: “A woman cannot give another woman in marriage, and a woman cannot give herself in marriage.” Based on that, the marriage contract mentioned in the question is not valid, and it must be done again with the wali of the woman.
A kitaabi (i.e., Jewish or Christian) woman may be given in marriage by her father. If he is not present or he is present but refuses, the closest of her male relatives on her father’s side may give her in marriage. If they are not present, or they are present but refuse, the Muslim qaadi (judge) may give her in marriage; if there is no Muslim qaadi, then the head of the local Islamic centre may give her in marriage, because the shar‘i evidence from the Qur’an and Sunnah indicates that. End quote.
Fataawa al-Lajnah ad-Daa’imah, 18/180-181
Shaykh Muhammad ibn Ibraaheem (may Allah have mercy on him) was asked about a man who married an Australian Christian girl in London, and the wife gave herself in marriage without the presence of a wali. There was no mention of the value of the mahr (dowry) in the marriage contract, and it was not attended by any witnesses apart from a Muslim man and a Christian woman who was the mother of the bride. In the wedding party there were some Christian girls and friends of the bride, along with the Christian registrar. Four years later, the wife became Muslim and she has two children from him. She is asking about the validity of her marriage contract; if it is not valid, then how can it be made valid?
He replied: With regard to the marriage contract that you describe, it is not valid, because the wali and two witnesses were not present. The Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except in the presence of the wali and two witnesses of good character.” With regard to not stating the mahr in the marriage contract, that does not affect anything.
The way to correct it is to bring her wali to the registrar to do the marriage contract for her to the husband mentioned, after obtaining her approval and consent. This should also be attended by two witnesses of good character. If she does not have a wali, then her wali is the shar‘i judge; she should give him permission to do her marriage contract. There is no sin on them for what has passed, and their children are legitimate and it is correct to call them after their father, if they believed that the marriage contract was valid, because this comes under the heading of a marriage that was thought to be legitimate.
And Allah knows best.

Rulings on Marriage, - * Ruling on one who says that the poverty of Muslims is because they have too many children

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What is the Islamic ruling, in your view, on one who says that the poverty of Muslims and their weakness and backwardness in the current age is the result of the population explosion and having many children, that outpaces economic progress? What is your advice to someone who believes that?
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Praise be to Allah
We think that this opinion is wrong, because it is Allah, may He be exalted, who grants abundant provision to whomever He wills or grants it in scant measure. The reason is not the large size of the population, because there is no creature on earth but its provision is granted by Allah, but Allah, may He be glorified and exalted, gives and withholds on the basis of wisdom.
Our advice to the one who holds such views is that he should fear Allah, may He be glorified and exalted, and give up this false belief. He should understand that no matter how much the population of the world increases, if Allah so willed, He could grant them all abundant provision, but Allah says in His Book (interpretation of the meaning):
“And if Allah were to enlarge the provision for His slaves, they would surely rebel in the earth, but He sends down by measure as He wills. Verily! He is in respect of His slaves, the Well-Aware, the All-Seer (of things that benefit them)”
[ash-Shoora 42:27].
Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him)
Fataawa ‘Ulama’ al-Balad al-Haraam(p. 1084)
Undoubtedly calling for restrictions or reductions on the numbers of children one has is contrary to the command of the Prophet (blessings and peace of Allah be upon him) who said: “Marry women who are loving and fertile, for I shall be proud of your large numbers before other nations.” Narrated by Abu Dawood (2050); classed as saheeh by al-Albaani inIrwa’ al-Ghaleel(1784)
Allah, may He be exalted, has guaranteed provision for all creatures, as He says (interpretation of the meaning):
“And no (moving) living creature is there on earth but its provision is due from Allah”
[Hood 11:6].
Opposing population increase, whether by imposing means of contraception or abortion or otherwise, based on the belief that resources are not sufficient for an increased population, or that the interests of humanity dictate reduction in population growth, this is explicitly denying the Lordship of Allah and His care for His creation, and the abundance of His provision. It is akin to the beliefs of the polytheists, who used to kill their children for fear of poverty. Allah, may He be exalted, says (interpretation of the meaning):
“kill not your children because of poverty - We provide sustenance for you and for them”
[al-An‘aam 6:151]
“And kill not your children for fear of poverty. We provide for them and for you. Surely, the killing of them is a great sin”
[al-Isra’ 17:31].
The large size of the ummah is one of the blessings of Allah, may He be exalted, for which He deserves to be thanked and He alone deserves to be worshipped. Hence Allah, may He be exalted, tells us that His Prophet Shu‘ayb (peace be upon him) reminded his people of some of the blessings that Allah had bestowed upon them, as he said (interpretation of the meaning):
“And remember when you were but few, and He multiplied you”
[al-A‘raaf 7:86].
The large size of the ummah is one of the means of its strength and victory over its enemies. Hence Allah, may He be exalted, says concerning the Children of Israel (interpretation of the meaning):
“Then We gave you once again, a return of victory over them. And We helped you with wealth and children and made you more numerous in man power”
[al-Isra’ 17:7].
According to a future study about Egypt, Dr Muhammad Sayyid Ghallaab said:
Population increase has never been a burden, and it is not right to regard it as such in the coming century, for it is what allowed Egypt to achieve progress in all eras.
According to another study, Dr Mustafa al-Fiqqi indicates that one of the most important factors that allowed Egypt to play an influential role in the Arab world is that it is regarded as the storehouse of human resources.
Prof Khurshid Ahmad, the expert economist, says:
In the future, prevalence and power can only be on the side of countries that enjoy an increase in population and at the same time are advanced in various scientific fields. There is nothing that could enable the Western nations to maintain their international dominance and leadership apart from trying to support the movement that promotes population control and contraception in Asia and Africa. For that reason, the Western countries today are striving their utmost to increase their own populations, but at the same time they are resorting to the best media and propaganda methods that they have in order to support the population control movement in Asian and African countries.
He also said:
How true are the words of Organski [an American thinker] who said: In the future, power will only be on the side of the camp that has the greater number of people.
He also said:
It is obvious to the student of history that population size is of fundamental political significance. Therefore every civilisation or superpower has focused its efforts on increasing its population during the stages of its rise and development. Hence the well-known historian Prof. Will Durant regards having a large population is one of the most important means of civil progress. Prof Arnold Toynbee also regards increasing the population size as one of the most important challenges to be met in order for any human civilization to exist and progress.
In order to avoid any misinterpretation of what is stated above, we should note that population increase on its own is not sufficient to achieve progress, establish a civilisation and prevail over the enemy. Rather it is an essential means of achieving that, but it is not the only means, because it should be accompanied by a strong education system, sound upbringing of the new generation, the establishment of justice and security in society, and fighting corruption, and – over and above all of that – faith and piety. Allah, may He be exalted, says (interpretation of the meaning):
“And if the people of the towns had believed and had the Taqwa (piety), certainly, We should have opened for them blessings from the heaven and the earth, but they belied (the Messengers). So We took them (with punishment) for what they used to earn (polytheism and crimes, etc.)”
[al-A‘raaf 7:96].
The voices of the enemies of Islam have begun to cry out, warning against the large numbers of Muslims, and saying that this is one of the main dangers that threaten them.
In a book entitledChanges in the Geography of the Middle Eastby Prof. Arnon Soffer (1984 CE) – which is a textbook in the Jewish state that is regarded as a reference work for specialists there – the writer states that the high population increase in Egypt is of concern to Israel, because of the possibility of establishing a strong army.
On 19/1/1988 theDaily Telegraphnewspaper published an article entitled “The Population Time-Bomb in the Mediterranean Basin”, in which the author discusses this issue that gives the West sleepless nights, namely the great population increase in the countries to the south-east of the Mediterranean, and the population decline of the countries to its north. The article quotes a report of the United Nations Environment Program which states that two-thirds of the inhabitants of the Mediterranean in the nineteen-fifties were European, in countries extending from the Straits of Gibraltar to the Bosporus, but this picture will be reversed by 2025, when the Mediterranean will become an Islamic – if not Arab – sea.
This article indicates, beyond any shadow of a doubt, that the one who propagates the issues of population control and restricting population increase among the Muslims, and supports all activities that are striving to achieve that under many slogans, such as family planning, social planning and so on… We say that the one who supports that is only serving the enemies of Islam and the Muslims and is working in their interests, whether they are aware of that or not.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
As for the view that supports population control, this is undoubtedly one of the plots of the enemies of the Muslims, who want the Muslims not to increase in number, because the very idea scares them, for the Muslims will become self-sufficient and will not need anyone else; thus the Muslims will be able to produce their own food and establish their own businesses, and that will lead to improvement in the economy and serve other interests and aims. But if the Muslims remain few, they will become humiliated and will need others in everything. End quote.
Tafseer Soorat al-Baqarah(2/88)
Finally, we need to increase the population, along with Islamization of development plans, Islamization of regulations, and Islamization of laws, in addition to benefitting from modern sciences.
For more information, please see the bookHarakat Tahdeed an-Nasl(Birth Control Movement) by Abu’l-A‘la al-Mawdoodi (Maududi) (p. 178-186);Majallat al-Bayaan(issue no, 11/107, 191)
And Allah knows best.

இஸ்லாம் வாழ்வியல்: அழகை விரும்பும் இறைவன்

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மனிதன் மிடுக்கான தோற்றத்துடனிருக்க தன்னை அலங்கரித்துக்கொள்வதை இறைவணக்கத்துடன்ஒப்பிடுகிறது இஸ்லாம். ஆதமுடைய மகனே..! தொழும்போதெல்லாம் உங்களை அலங்கரித்துக்கொள்ளுங்கள் என்று திருக்குா்ஆன் இதைக் கட்டளை யாகவே வைத்துள்ளது.
இறைநம்பிக்கையாளர்கள் கண்ணியம் மிக்கத் தோற்றத்திலிருக்க வேண்டும் என்று வலியுறுத்தும் நபிகளார், இதற்காக தம் தோழர்களுக்குத் தூய்மைப் பயிற்சியும் அளிக்கிறார். தனிப்பட்ட வாழ்விலும் சமூக வாழ்விலும் வீட்டிலும் வெளியிலும் இறையடியார்கள் தங்கள் தோற்றத்தில் கவனம் செலுத்திட வேண்டும் என்பது முக்கியமானது.
நபிகளாரிடம் ஒருவர் வந்தார். அவருடைய தலைமுடியும் தாடியும் கலைந்து அலங்கோலமாகக் காணப்பட்டன. தலைமுடியை வெட்டி அழகுபடுத்தி வரும்படி நபிகளார் அவரைப் பணித்தார். அதன் பின்னர், தோழர்களை நோக்கி, “உங்களில் ஒருவர் என்னிடத்தில் நல்ல தோற்றத்தில் வருவது, மோசமான சாத்தானின் தோற்றத்துடன் வருவதைவிடச் சிறந்தது அல்லவா?” என்று சிலாகித்துப் பேசினார்.
இறைவன் அழகன்
மற்றொருமுறை ஒரு மனிதர் அழுக்கடைந்த ஆடைகளோடு வருவதை நபிகளார் கண்டார். “நீங்கள் உங்கள் ஆடைகளைத் தூய்மையாக வைத்துக்கொள்ளும் அளவுக்கு உங்களிடம் பணவசதி இல்லையா சகோதரரே?”என்று அவரிடம் விசாரிக்கவும் செய்தார்.
வீண் செலவுகள் இன்றி, செயற்கைத்தனமின்றி ஒருவர் தன்னை அலங்கரித்துக்கொள்வதை இஸ்லாம் ஒருபோதும் தடுப்பதில்லை.
நபிகளாரிடம் ஒருவர், “தமது ஆடைகளைச் சிறந்ததாகவும், காலணிகளை அழகுமிக்கதாகவும் இருக்க வேண்டும் என்று விரும்புவது பெருமை என்ற கணக்கில் வருமா?” என்று கேட்டார். “இறைவன் அழகன். அவன் அழகை விரும்புகிறான்!” என்றார் நபிகளார்.
ஒருமுறை நபிகளார் உடல் நலமின்மையால் பாதிக்கப்பட்டிருந்தார். அப்போது அவர் போர்வை ஒன்றைத் தம்மீது போர்த்தியிருந்தார். அதுபோன்ற சுத்தமானதொரு போர்வையை நான் பார்த்ததேயில்லைஎன்று நபித்தோழர் பாராவின் பதிவே உள்ளது.
“இறைவன் தூய்மையானவன். அவன் தூய்மையை விரும்புகிறான்.இறைவன் தாராளத்தன்மை மிக்கவன். அந்தக் குணத்தையே அவன் விரும்புகிறான்.இறைவன் கருணையானவன். அவன் சக மனிதர்களிடம் கருணை காட்டுவதை விரும்புகிறான்.எனவே, நீங்கள் உங்கள் உடலையும் வசிப்பிடங்களையும் தூய்மையாக வைத்துக் கொள்ளுங்கள்!” என்று வலியுறுத்துகிறார் நபிகளார்.

Rulings on Marriage, - * Is it permissible to marry the daughter of one’s father’s paternal uncle?

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Is it permissible for my brother’s son to marry the daughter of my paternal uncle? The grandfather of my brother’s son and the father of the girl are full brothers, and I am married to her sister. Is the marriage of my brother’s son to my wife’s sister permissible according to Islamic teaching?
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Praise be to Allah
Yes, it is permissible for your brother’s son to marry that woman, because in fact she is also regarded as the daughter of a paternal uncle for him as well, because his father’s paternal uncle is also a paternal uncle to him and to his children after him. Allah, may He be glorified and exalted, says (interpretation of the meaning):
“O Prophet (Muhammad (blessings and peace of Allah be upon him))! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal money given by the husband to his wife at the time of marriage), and those (captives or slaves) whom your right hand possesses - whom Allah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammah (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalah (maternal aunts)”
[al-Ahzaab 33:50].
Shaykh ‘Abd ar-Rahmaan as-Sa‘di (may Allah have mercy on him) said: Similarly, one of the things that Prophet (blessings and peace of Allah be upon him) has in common with the believers is the words: “and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammah (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalah (maternal aunts)”. That includes paternal uncles and paternal aunts, and maternal uncles and maternal aunts, whether close in degree or otherwise.
End quote fromTayseer al-Kareem ar-Rahmaan fi Tafseer Kalaam al- Mannaan(p. 669)
And Allah knows best.
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