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Monday, February 5, 2018

Comedy

ஒன்றுமே தெரியாத ஸ்டுடென்ட் கிட்ட கொஸ்டின் பேப்பர் கொடுக்குறாங்க…!
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எல்லாம் தெரிஞ்ச வாத்தியார்கிட்ட ஆன்சர் பேப்பர் கொடுக்குறாங்க…?
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என்ன கொடும சார் இது?!!….

Invalid Marriages, - * Her father stipulated that he should divorce her when the time comes for her to leave the country

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I have a friend who married a woman who is living in Riyadh with her family, without any documentation of the marriage and without the presence of a Shaykh. There were only three friends of the groom, one of whom appointed himself as a Shaykh and the other two as witnesses in the presence of the bride’s father. The marriage was done without even writing down any contract. This bride will leave the country after a year and a half, and will go back to her own country for good. The groom will divorce his bride at that time. The bride’s father stipulated that the marriage will only last so long as they are in Riyadh, and when they leave, the groom will divorce his bride.
Question 1: What is the ruling on this marriage?
Question 2: What is your opinion on what the friends of the groom did?.
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Praise be to Allaah.
Firstly:
If the marriage is temporary and the specific time limit is mentioned, such as a month or one year, or until the end of one’s studies or residency, etc., then this is a mut’ah marriage and it is haraam and invalid according to the majority of scholars. It is narrated that there was consensus that it is haraam.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(7/136):
“Mut’ah marriage is not permitted” – what is meant by mut’ah marriage is marrying a woman for a period of time, such as saying: I give my daughter in marriage for a month, or a year, or until the end of this season, or until the pilgrims come back” and so on, whether the period is known or unknown. This is an invalid marriage. This was stated by Ahmad who said: Mut’ah marriage is haraam. This is the view of most of the Sahaabah and fuqaha’. Among those from whom it was narrated that it is haraam are ‘Umar, ‘Ali, Ibn ‘Umar, Ibn Mas’ood and Ibn al-Zubayr. Ibn ‘Abd al-Barr said: The view that mut’ah is haraam is held by Maalik, the people of Madeenah, Abu Haneefah among the people of Iraq, al-Awzaa’i among the people of Syria, al-Layth among the people of Egypt, al-Shaafa’i and all the ashaab al-athaar. End quote.
It is not permissible for anyone to undertake this haraam kind of marriage, or to bear witness to it.
The one who has done that must repent to Allaah and the man and woman must be separated.
Secondly:
There are other kinds of mut’ah marriage which is where a man marries a woman on condition that he will divorce her at a certain time.
The difference between the two forms is that in the first kind, it is agreed that the marriage will last for a certain period of time, after which the marriage will end with no need for talaaq divorce.
In the second kind, no specific time period is mentioned, but it is stipulated that talaaq divorce will be issued at a certain time.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(7/137):
“If he marries her on the basis that he will divorce her at a specific time, the nikaah is not valid.” This means that if he marries her on the basis that he will divorce her at a certain time, the marriage is not valid, whether that time is known or unknown, such as if he stipulates that he will divorce her when her father or brother comes.
Because this condition negates the continuation of the marriage, and makes it like a mut’ah marriage. End quote.
The Standing Committee was asked about a man who was travelling far from his homeland and wanted to marry a woman, and they agreed that he would divorce her when he went back to his homeland. They replied:
Marriage until the husband travels is not permissible, because it is a kind of mut’ah marriage, because of specifying that the marriage will last until the husband travels. End quote.
Fataawa al-Lajnah al-Daa’imah(18/444).
Thirdly:
If the conditions and pillars of the marriage are met, with the proposal and acceptance, the consent of both parties, the presence of the bride’s wali (guardian) and two witnesses, then it is valid, even if it is without documentation. But documentation is important in order to protect the rights of both spouses and their children. It does not matter if no official or judge is present, or if one of the friends carried out the marriage procedure.
For more information on the pillars and conditions of the marriage contract, please see question no. 2127.
But the marriage contract that is done in the manner asked about here is haraam and is not valid, as stated above. The one who carried out the procedure and the witnesses have to repent to Allaah from this haraam deed.
And Allaah knows best.

Sunday, February 4, 2018

Comedy

மாடு போல சின்னதா இருக்கும்!
ஆனா அது மாடு இல்ல!
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அது என்ன? தெரியலையா?
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அது கண்ணுக் குட்டி!
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கடவுளே ஏன் என்னை இவ்வளவு அறிவாளியாப் படைச்சே?

Invalid Marriages, - * A Christian woman is saying: Why is it not permissible for a Muslim woman to marry a kitaabi man when the opposite is permitted?

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My Christian wife is asking: Why is it not permissible for a Muslim woman to marry someone from among the people of the Book – Christians and Jews – whilst that is permitted to Muslim men?.
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Praise be to Allaah.
One of the names of Allaah in which we believe – and we do not think that anyone who believes that he has a Lord will doubt that – is al-Hakeem (the All-Wise). In this manner the noble angels praised Him, because they understood His wisdom in His command to them to prostrate to Adam:
“They (angels) said: ‘Glory is to You, we have no knowledge except what you have taught us. Verily, it is You, the All-Knower, the All-Wise’”
[al-Baqarah 2:32]
He has also testified to this, as have His angels and the people of knowledge:
“Allaah bears witness that Laa ilaaha illa Huwa (none has the right to be worshipped but He), and the angels, and those having knowledge (also give this witness); (He always) maintains His creation in justice. Laa ilaaha illa Huwa (none has the right to be worshipped but He), the All‑Mighty, the All-Wise”
[Aal ‘Imraan 3:18]
Thus He has established proof against His creation, as He says (interpretation of the meaning):
“Say: ‘With Allaah is the perfect proof and argument, (i.e. the Oneness of Allaah, the sending of His Messengers and His Holy Books, to mankind); had He so willed, He would indeed have guided you all’”
[al-An’aam 6:149]
Thus it is known that the All-Wise does not do anything in vain, and He does not do anything that is inappropriate. He does not issue any command but that which is better for His creation than any other, as Allaah says (interpretation of the meaning):
“Allaah has sent down the Best Statement, a Book (this Qur’aan), its parts resembling each other (in goodness and truth) (and) oft‑repeated. The skins of those who fear their Lord shiver from it (when they recite it or hear it). Then their skin and their heart soften to the remembrance of Allaah. That is the Guidance of Allaah. He guides therewith whom He wills; and whomever Allaah sends astray, for him there is no guide”
[al-Zumar 39:23]
Just as this is implied by His being All-Wise, it is also implied by His being the only Creator. The one who makes a thing knows best what is suited for it, so how about the All-Knowing Creator?
“Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), All‑Aware (of everything)”
[al-Mulk 67:14]
With regard to the wisdom behind the matter that you are asking about, perhaps you know that Islam is the last religion that was revealed from Allaah, hence it abrogates all other religions, as Allaah says (interpretation of the meaning):
“It is He Who has sent His Messenger (Muhammad) with guidance and the religion of truth (Islam), to make it superior over all religions even though the Mushrikoon (polytheists, pagans, idolaters, disbelievers in the Oneness of Allaah) hate (it)”
[al-Tawbah 9:33]
“And never will Allaah grant to the disbelievers a way (to triumph) over the believers”
[al-Nisa’ 4:141]
The Messenger of Allaah (peace and blessings of Allaah be upon him) said; “Islam prevails and is not prevailed over.” Narrated by al-Daaraqutni and others; classed as hasan by al-Albaani inSaheeh al-Jaami’(2778).
It is well known that the husband is in charge of his wife (qawaamah) and his status within the family is higher than that of his wife. Perhaps this higher position may make him force his wife to leave her religion and follow his, or it may influence her to do that, and this is something that Islam cannot accept.
The higher status held by the husband may also cause the children of this woman to follow their father’s religion, which is a great error, if these offspring grow up and do not follow the final religion of Allaah.
This is the important reason which Allaah mentioned when He forbade Muslim women to marry non-Muslim men. Allaah says (interpretation of the meaning):
“And give not (your daughters) in marriage to Al‑Mushrikoon till they believe (in Allaah Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you. Those (Al-Mushrikoon) invite you to the Fire, but Allaah invites (you) to Paradise and forgiveness by His Leave, and makes His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) clear to mankind that they may remember”
[al-Baqarah 2:221]
Moreover, if a kitaabi woman (a Jewish or Christian woman) marries a Muslim man, she is marrying someone who believes in her Prophet and all the Prophets of Allaah, because he cannot be a Muslim otherwise, and it is not permissible for him to differentiate between them. Allaah says (interpretation of the meaning):
“The Messenger (Muhammad) believes in what has been sent down to him from his Lord, and (so do) the believers. Each one believes in Allaah, His Angels, His Books, and His Messengers. (They say,) ‘We make no distinction between one another of His Messengers’”
[al-Baqarah 2:285]
Whereas the kitaabi – whether Jewish or Christian – does not believe in Muhammad (peace and blessings of Allaah be upon him) or that he is the Seal of the Prophets, so how can the two matters be equal, and how can Muslim women marry men who do not believe in their Prophet?
But we should point out here that although it is permissible for a Muslim man to marry a kitaabi woman, because of the interests that it is hoped may be served by that, and to avoid burdening people with too many restrictions, it is blameworthy, as Imam Maalik (may Allaah have mercy on him) said. (Tafseer al-Qurtubi, 3/67).
This permission serves as a hint to the people of the Book, so that they might realize that Islam has made exceptions for the people of the Book in some rulings that it has not made for other kuffaar. Allaah has permitted us to eat meat slaughtered by the people of the Book, and He has permitted us to marry their women out of respect for the origin of their religions which were based on Tawheed, and out of respect for the Messengers of those religions in whom we are commanded to believe and respect, and to demonstrate the difference between the attitude of the followers of Judaism and Christianity towards our Prophet Muhammad (peace and blessings of Allaah be upon him) and the attitude of our religion towards their Prophets.
Finally, this ruling should not be strange for other religions, and it is not something odd that is applied by Islam alone. Why should some of those who attack our religion find it strange that Islam forbids our women to marry non-Muslim men, when they do not marry one another even though they are followers of one religion? A Catholic cannot marry a Protestant woman and if he does so he is punished by the church, and vice versa.
According to the canon of the Egyptian Orthodox Coptic Church published in 1938 CE, article 6 states that “difference in religion is an impediment to marriage.”
And Allaah knows best.