Monday 4 July 2011

Ruling in the case where the fiancee puts a haraam condition in the marriage contract

 

 

Ruling in the case where the fiancee puts a haraam condition in the marriage contract
ar - en - fr - ur
What is the ruling in a case where the fiancée puts the condition that there should be a dog in the marital home?

 

Praise be to Allaah.

We put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who replied as follows:


This is an invalid condition, and if he has got married on this
condition, he does not have to fulfil it.

Registering marriage officially in Britain

 

Registering marriage officially in
Britain
ar - en - fr - ur
I
live in England a country once know to be a Christian nation, but today it
is a completely secular country with no state religion, furthermore nearly
all ceremonies are carried without invoking the name of Allah. 
My question is


that if a Muslim couple marry
in one of this country’s registration marriage offices, for the purpose
of being recognised by the state as a married couple would it be
considered a valid nikah despite it being conducted by a
kafir
and without Allah (SWT) name being mentioned?

 

Praise be to Allaah. 

There
are four essentials in the marriage ceremony (nikaah), as stated in the following
guidelines:

“Any
marriage ceremony in which four people – the husband, the (wife’s) guardian
and two witnesses – are not present, is null and void.”

And
the Prophet (peace and blessings of Allaah be upon
him) said: “There is no nikaah except with a walee (guardian) and two witnesses.”
(See question #2127).

If
the wife is Muslim and the husband is Muslim, the walee must also be Muslim,
because a kaafir cannot be the walee of a Muslim. The person who is in charge
of the Muslims’ affairs in that country can take the place of a walee. The marriage
contract must be conducted in accordance with the Islamic sharee’ah, then there
is nothing wrong with confirming it through official channels in order to prevent
any problems and avoid any embarrassment. 
May Allaah bless our Prophet Muhammad.

Ruling on marrying a woman who has no religion

Ruling on marrying
a woman who has no religion
ar - en - fr - ur
Is it permissible for a Muslim man to marry
a woman who professes no faith or "deen" at all -- an "agnostic"?

 

Praise be to Allaah.

This is not permitted at all, because Allaah says
(interpretation of the meaning): “… they are not lawful (wives) for the
disbelievers nor are the disbelievers lawful (husbands) for them…”
[al-Mumtahinah 60:10]. An exception is made in the case of chaste women of the People
of the Book (Jews and Christians), because Allaah says (interpretation of the meaning): “(Lawful
to you in marriage) are … and chaste women from those who were given the Scripture
(Jews and Christians) before your time…” [al-Maa’idah 5:5]. And Allaah
knows best.

Marriage to a woman of the People of the Book – do you advise that?

Marriage to a woman of the People of the Book – do you advise that?
ar - en - ur
Can a muslim brother who is a salafi marry a christain as a wife?Some say a lot of conditions are attached,what are those conditions if any.

 

Praise be to Allaah.
 

 

We have already stated in the answer to question no.
45645 the ruling on
marrying a woman of the People of the Book (i.e., a Jewish or Christian
woman), which is permissible according to the texts. There we have listed
the conditions which must be met by that Jewish or Christian woman. However,
we do not recommend marrying such women because of the harms to which that
leads and because the conditions usually are not met by some of them. 

In the answers to questions no.
12283,
20227 and
44695 we have
mentioned some of the negative effects of marrying women of the People of
the Book in this day and age, which include those described by Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him) who said: 

But in this day and age there is the fear that those who
marry them may be faced with great evil, because they may call them to
follow their religion and that may lead to their children becoming
Christianized. So the danger is great and in order to be on the safe side a
believer should not marry such a woman. And there is no guarantee that such
a woman will not fall into immorality, and that children who are not his may
be attributed to him.  

End quote. 

Please see the answer to question
2527 for a list of
conditions for marrying a woman of the People of the Book. 

It should be noted that whoever forsakes such a marriage,
seeking that which is better for his religious commitment and the religion
of his children, Allaah will compensate him with something better, for
“whoever gives up something for the sake of Allaah, Allaah will compensate
him with something better than it,” as the Prophet (peace and blessings
of Allaah be upon him) said. 

And Allaah knows best.

A marriage contract cannot be invalidated by the passage of time, no matter how long

A
marriage contract cannot be invalidated by the passage of time, no matter how long
ar - en - fr - ur
Salam alekam brother,

I am working in XXX. This year I went to my home country in XXX and got
married over there. For some reason our marriage did not consummate at that time. We also
gave a Walima party the next day of our wedding. I had to go back to XXX and report back
to work. Now it has taken more than six (6) months to get my wife a visa to join me here.

A friend was telling me that my marriage has become null and void since
the marriage did not consummate for more than 6 months after the Nikkah (marriage). Is
this true?

Do I need to re-marry her when she joins me in XXX. Please advise me
because my wife is going to arrive very soon. May Allah bless you for your good work you
are doing to help the Muslims by giving them Islamic guidance related to their day to day
problems in life. Thank you.

 

Praise be to Allaah.

If the marriage contract has been completed according to the
conditions of sharee’ah (see Question # 813),
then it is valid and will remain valid as stated in its terms, unaffected by
the passage of time. The fact that you have spent six months without consummating
the marriage will not invalidate it as your friend is claiming without any knowledge
– if indeed you have understood him correctly. In this case you should
advise him to fear Allaah and not to try to issue fatwas without knowledge.
If he had advised you to make sure that your wife travelled with a mahram it
would have been better. We ask Allaah to give you strength, blessing and happiness
in your marriage. May Allaah bless our Prophet Muhammad.

Marrying a Christian woman on paper in order to have the right to reside in a kaafir country

 

Is it permissible to marry an american christian woman just to get the green card from her, without living, or being alone with here (just on the paper).

My neya: is to do that so I can visit and help my parents back in my country, and be able to work with my degree as( a Computer Programmer).

Praise be to Allaah and peace be upon the
Messenger of Allaah.

 We put this question to Shaykh al-‘Allaamah
‘Abd al-‘Azeez ibn Baaz, who responded: “It is not one of the purposes
of marriage according to Islamic sharee’ah to marry for the purpose
of gaining residency rights and then to get divorced. It seems to me
that this is not permitted.”

 Moreover, marrying a Christian woman
on paper only is a kind of cheating these kaafirs, and this is not permitted.
Allaah does not approve of wrongdoing even to kaafirs. And Allaah knows
best.

 

A wife refusing her husband a co-wife

Praise be to Allaah.

Ibn Qudaamah (may Allaah have mercy on him) said in his book Al-Mughni:

“If he married her on the condition that he should not make her
move from her house or her city, then this condition is valid, because it was reported
that the Prophet
(peace and blessings of Allaah be upon him) said: ‘The most
deserving of conditions to be fulfilled are those by means of which sexual intercourse
becomes permissible for you.’ If he married her on the condition that he will not
marry another wife, then she has the right to leave him if he does take another
wife.” In conclusion, then, the conditions of the marriage contract are divided into
three types, one of which must be adhered to, which is of benefit to the wife, such as her
being able to stipulate that he cannot make her move from her house or city, or travel
with him, or take another wife or a concubine. He has to adhere to these conditions, and
if he does not, then she has the right to annul the marriage.” (Al-Mughni
by Ibn Qudaamah, part 7, Kitaab al-Nikaah).

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on
him) was asked this question and he replied in Al-Fataawa al-Kubra:

“Question: a man married a woman and she stipulated that he should
not take another wife or make her move from her house, and that she could stay with her
mother, so he married her on this basis. Does he have to adhere to this, and if he goes
against these conditions, does his wife have the right to annul the marriage or not?

Answer: yes, these conditions and similar ones are valid according to
the madhhab of Imaam Ahmad and other scholars among the Sahaabah and Taabi’een, such
as ‘Umar ibn al-Khattaab, ‘Amr ibn al-‘Aas, Shurayh al-Qaadi,
al-Oozaa’i and Ishaaq. According to the madhhab of Maalik, the condition states that
if he marries another wife, (the first wife) has the choice of what to do, and this is a
valid condition. The woman has the right to leave him in this case. This is similar to the
idea in the Madhhab of Imaam Ahmad. The basis for this is the hadeeth narrated by
(al-Bukhaari and Muslim) in al-Saheehayn from the Prophet
(peace and blessings of
Allaah be upon him): ‘The most deserving of conditions to be fulfilled are those by
means of which sexual intercourse becomes permissible for you.’ ‘Umar ibn
al-Khattaab said: ‘Rights are in accordance with conditions.’ The Prophet

(peace and blessings of Allaah be upon him) dictated that the conditions which make sexual
intercourse permissible are more deserving of fulfilment than others. This is the ruling
on conditions of this nature.”

 

al-Fataawa al-Kubra, part 3, Kitaab al-Nikaah

 

Keeping Marriage Concealed and getting remarried to the same person in front of parents?

Keeping Marriage
Concealed and getting remarried to the same person in front of parents?
ar - en - fr - ur
I am a 27 year old Muslim. I have liked a
Muslim girl for the past 10 years. I told my parents about my likeness towards her and
wanted them to ask for her hand in her marriage. They completely refused since she had a
different family back ground. For almost 8 years I tried to convince my parents for the
girl I liked but they never seemed to agree. I always could never decide between my
parents and the person I loved. Finally nine months ago I got married to her with her
parents consent but without my parents knowledge. They still do not know about my
marriage, but recently they suddenly had a change of hearts for my wife. They have
developed the liking toward her not knowing that she is my wife. They want us to get
married now not knowing that we are married. I want to tell them about my marriage but my
father is a heart patient and I am not sure how he would take it after I break the news.

I wanted to know if it is valid that I still keep my first marriage hidden from my parents
and just get remarried to my wife. Please Comment.

May Allah guides us All to the right path.

 

Praise be to Allaah.

We put the following question to Shaykh Muhammad ibn
Saalih al-‘Uthaymeen:

One of the Sunnahs with regard to marriage is that it should be
announced publicly, with beating on the daff or hand-drum (i.e., celebrations), so
as to distinguish it from fornication, which usually happens in secret. If the marriage
contract has been drawn up in accordance with all the requisite conditions, then it is
valid even if the family does not accept it. The issue of kafaa’ah or
compatibility has to do with religious commitment, as Allaah has explained in His Book. A
Muslim man can marry a Muslim woman, or a woman of the People of the Book (Jews and
Christians) on the condition that she is chaste, but he is not permitted to marry a
mushrikah (polytheist woman) or a zaaniyah (woman who commits adultery or fornication). He
should, however, try to find a woman who is strongly committed to Islam. A Muslim woman is
not permitted to marry anyone except a Muslim man. A man of the People of the Book does
not qualify in terms of compatibility with her, and she should look for someone who is
known among the Muslims to be committed to Islam and of good character.

With regard to the situation described in the question, we may note the
following points:

The husband does not have to divorce his wife if his father asks him to
do so.

The father’s rights are great indeed, and good treatment of one's
family is a duty. If your father is suffering from heart disease, it is better if he does
not know about this marriage. It is unlikely that his attitude has changed because it is
based on the class/caste system and it is not easy for seniors to change their beliefs.

You have to make sure you understand your family’s current attitude
and to what extent they are prepared to accept your marriage to this woman. Perhaps they
have heard that she has got married, and they think that she has married someone else, so
they want to make you feel better (by saying they would accept her because she now seems
to be safely out of the picture). Or perhaps they have heard that she has got married to
you and they want to hear about it from you. Once you are sure that they have changed
their attitude for real, there is nothing to stop you asking for permission from them and
from your father to get married. If they give you permission, then this is what you want;
if they do not, then just stay as you are now, so that no bad consequences will come to
them as a result of them knowing about your marriage.

As far as repeating your marriage contract is concerned, we put this
question to the Mufti Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, who
replied with the conclusion that if the first contract met all the requisite conditions,
and there are no impediments, then it is a valid contract. It should not be repeated lest
that open the way to playing about with it. You should strive to please your family in
every way you can and tell them that the matter has been concluded in an appropriate
fashion. If there is genuine cause to fear for your father’s life, then it could be
said that repeating the contract could be done on the grounds of necessity. And Allaah
knows best.

 

Marriage contract: verbal or written?

 

 

Praise be to Allaah.

Writing down the contracts and agreements that people make among
themselves is a way of confirming and formalizing them, but it is not a condition for the
validity of the contract. The marriage contract may be made verbally by means of an offer
on the part of the bride’s wali or guardian (e.g. “I marry my daughter to
you”) and acceptance on the part of the groom (e.g. “I accept”). Writing it
down is not a condition, but it does serve to document and confirm the contract, which is
a good thing, especially nowadays. And Allaah is the source of help.

 

Conditions for valid marriage contract

 

All praise is due to Allaah.
A marriage contract is valid in Islam if the following conditions are met, even if the
marriage does not take place in a court, or in the presence of a Judge or the Imaam of
the masjid. In addition, it does not need to be written.
The waliy (guardian) of the girl has accepted the proposal by saying, for example,
"I marry you my daughter", and the one who proposed has replied, for example, by
" I accept," or "I am satisfied" (i.e. with his acceptance).
This takes place in the presence of two witnesses
The woman is legally eligible to marry the man according to Islamic shari'ah (that is
she is not a Mahram of the proposer [those to whom the proposer is forbidden to
marry. etc.])
Allah knows best.

Followers of misguided sects should not marry Ahl al-Sunnah (Sunnis)

Followers of misguided sects should not marry Ahl al-Sunnah (Sunnis)
ar - en
Is it permissible for a young man from the Ibaadi madhhab to marry a girl who follows the Shaafa’i madhhab?.

 

Praise be to Allaah.

The Ibaadis are a Khaariji sect, which is one of the
misguided sects. There are many saheeh texts which condemn them. 

See the answer to question no.
11529. 

In the answer to question no.
40147 we quoted the scholars of
the Standing Committee as saying: 

The Ibaadi sect is one of the misguided sects, because of
their hatred, enmity and rebellion against ‘Uthmaan ibn ‘Affaan and ‘Ali
(may Allaah be pleased with them), and it is not permissible to pray behind
them. End quote. 

In Fataawa al-Shaykh Muhammad ibn Ibraaheem (13/30) it
says that the testimony of an Ibaadi is not acceptable according to
sharee’ah. 

There are clear texts
which describe how a woman’s guardians should make a good choice of husband
for her. That includes ensuring that his religious commitment and character
are acceptable. What kind of pleasing religious commitment can there be in
those who follow misguided sects, who believe in rebelling against the
rulers of the Muslims, who believe that the Qur’aan was created and that the
one who commits a major sin is a kaafir, and who deny that we will see
Allaah in the Hereafter? 

It was narrated that Abu Hurayrah (may Allaah be pleased with
him) said: The Messenger of Allaah (peace and blessings of Allaah be
upon him) said: “If there comes to you one with whose religious commitment
and character you are pleased, then marry (your daughter or female relative
under your care) to him, for if you do not, there will be fitnah in the land
and much mischief.” Narrated by al-Tirmidhi, 1084; Ibn Maajah, 1967. Classed
as hasan by Shaykh al-Albaani in al-Silsilah al-Saheehah, 1022. 

Sunni women should not
be given in marriage to followers of innovation, because the husband has a
great deal of influence over his wife, and he may influence her to adopt his
beliefs, so she moves from the saved group to one of the misguided sects. 

And Allaah knows best.

He has AIDS – can he marry someone who has the same disease?

He has AIDS – can he marry someone who has the same disease?
ar - en
I have a question similiar to the Question Reference #11137, (Ruling on marrying one’s daughter to an AIDS patient). I myself am in a similiar situation wherein I want to marry a sister and she has been diagnosed with the HIV virus. However her levels of the virus are so low that they are undetectible. She has been married before and has a 4 year old son, both of whom have not contracted the virus. In reference to marrying someone with the HIV virus I understand that some scholars say that it is not permissible, and some say other wise. In your answer to the above question you say it's okay given the parties are aware of it. My question is:


1. Can she marry if the relations she has are protected?


2. Can she marry if both people agree not to have intercourse?


3. Can a man marry her to have her rights of marriage be fulfilled for the pleasure of Allah?.

 

Praise be to Allaah.

In the answer to question no.
11137 we stated the ruling on
marriage of one who has AIDS, and we said: He should not marry until he has
explained his situation and said, “I have such and such a disease.” If they
agree to that then all well and good, otherwise the marriage should not go
ahead, because if he conceals his situation from them, then he has deceived
them and cheated them, and this woman may transmit the disease to her
husband, or the husband may transmit it to his wife, and it may be
transmitted to their children after that. But if she agrees to marry you and
accepts the will and decree of Allaah, there is nothing wrong with that. 

There is nothing wrong with the brother who asked this
question marrying a woman who is healthy or sick, so long as you explain
your medical situation. If they agree, and you want to have intercourse,
then you can use condoms. 

Dr ‘Abd-Allaah al-Haqeel – whom I consulted and who is the
head of the Stomach Diseases section in the Medical College of the King
Sa’ood University – said:  

Marriage of an AIDS patient is a serious problem, because the
main cause of the transmission of this disease is sexual contact. Using a
condom gives a high degree of protection but the other party – man or woman,
must be fully aware of the expected consequences. 

Al-Watan newspaper, issue no. 522, 2nd year –
Tuesday 21 Dhu’l-Hijjah AH/ 5 March 202 CE. 

Married life is not only about intercourse; you could marry
this woman if you both agree not to have intercourse, for a man’s need for a
woman, and vice versa, is not just the matter of sexual needs. There are the
matters of caring for one another, protection, spending, love and helping
one another to obey Allaah. The love of one party for the other, so that the
latter may inherit, may the reason for marriage, such as marriage to a minor
who is not able for intercourse. Such a marriage is valid according to
sharee’ah, even if no intercourse takes place. Based on this, there is no
reason why you should not get married and agree not to have intercourse. 

The majority of scholars stated that it is permissible for a
Muslim to get married during his final illness, if he is mature and of sound
mind; what need for intercourse is there in this case for which he should
get married? 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
was asked about a sick person who got married whilst he was sick – is this
marriage contract valid? 

He replied: 

The marriage of a sick
person is valid, and the wife inherits from him, according to the majority
of Muslim scholars among the Sahaabah and Taabi’een, and she is only
entitled to a mahr like that of her peers; she is not entitled to more than
that, according to scholarly consensus. End quote. 

Al-Fataawa al-Kubra, 3/99 

He also said (5/466): 

The marriage of a sick person during his final illness is
valid, and the wife inherits from him, according to the majority of scholars
among the Sahaabah and Taabi’een, but she is not entitled to anything other
than the mahr of her peers, and no more than that, according to consensus.
End quote. 

And Allaah knows best.

The difference between different ideological groups and the fiqhi madhhabs – and can she marry an innovator?

The difference between different ideological groups and the fiqhi madhhabs – and can she marry an innovator?
ar - en
What is the difference between Ahli Sunnah Wal Jammah & other mazhab[ shafeei, Maliki, etc? and can a girl from Ahli Sunnah Wal Jammah marry a man without mazhab?.

 

Praise be to Allaah.

Ahl al-Sunnah wa’l-Jamaa’ah are not to be regarded as
opposition to the Maalikis, Shaafa’is, Hanbalis and the like, rather they
are opposed to the followers of innovated and misguided beliefs and ways
such as the Ash’aris, Mu’tazilis, Murji’is, Sufis and so on. The Hanafis,
Maalikis, Shaafa’is and Hanbalis are schools of fiqh, whose imams are among
Ahl al-Sunnah wa’l-Jamaa’ah, and indeed are among the leaders of Ahl
al-Sunnah wa’l-Jamaa’ah. But unfortunately the followers of most of those
madhhabs and schools of fiqh have begun to follow the people of innovation
and misguidance in their beliefs, so many of the Shaafa’is and Maalikis have
become Ash’aris, and many of the Hanafis have become Maatireedis. But with
regard to ‘aqeedah, the Hanbalis – apart from a very few – have been spared
the change to something other than the ‘aqeedah of Ahl al-Sunnah
wa’l-Jamaa’ah. 

The basic principle concerning the Muslim is that he adheres
to the Qur’aan and Sunnah according to the understanding of the companions
of the Prophet (peace and blessings of Allaah be upon him) and those
who followed them in guidance. As for following one of these four madhhabs
or any other, that is not obligatory or recommended, and the Muslim does not
have to adhere to any one of them in particular. Rather the one who adheres
to a particular madhhab in every issue is being a partisan who is guilty of
blind following. End quote. 

Hal al-Muslim mulzim bi Ittibaa’ Madhhab mu’ayyin min
al-Madhhab al-Arba’ah? By al-Ma’soomi, p. 38. 

There is nothing wrong
with following the four schools of fiqh if a Muslim does not have sufficient
knowledge to enable him to derive rulings from the Qur’aan and Sunnah
himself, but if it becomes clear to him that the correct view is other than
that of his madhhab, then he must follow the correct view and not his
madhhab. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: 

In the Qur’aan, Allaah condemns the one who turns away from
following the Messengers and follows instead the religion invented by his
forefathers. This is imitation (taqleed) which is forbidden by Allaah and
His Messenger, i.e., following someone other than the Messenger in matters
that go against the Messenger. This is haraam for everyone according to the
consensus of the Muslims, for there is no obedience to any created being if
it involves disobedience towards the Creator. Obedience to the Messenger is
obligatory for every one, elite and common folk alike, at all times and in
all places, both inwardly and outwardly, and in all situations… Allaah has
enjoined obedience to the Messenger upon all people, in approximately forty
places in the Qur’aan. 

It is permissible for
one who is unable to derive rulings to follow a scholar, according to the
majority of scholars… the kind of imitation or following that is forbidden
by the texts and according to scholarly consensus is that which goes against
the words of Allaah and His Messenger. end quote. 

Majmoo’ al-Fataawa, 19/260-266 

The followers of the salaf are those who adhere to the
Qur’aan and Sunnah in their beliefs, fiqh and conduct and do not go against
what is proven in the Qur’aan and Sunnah and what is agreed upon by the
salaf of this ummah. 

Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

What is meant by the salafi madhhab is the way of the salaf
(early generations) of this ummah, namely the Sahaabah, Taabi’een and
prominent imams with regard to issues of ‘aqeedah, sound method, sincere
faith and adherence to the beliefs, laws, etiquette and conduct of Islam,
unlike the innovators, deviants and those who are confused. 

Among the most prominent of those who advocated the madhhab
or way of the salaf were the four imams, Shaykh al-Islam Ibn Taymiyah and
his students, Shaykh Muhammad ibn ‘Abd al-Wahhaab and his students, and
other reformers and renewers; there is no era when there was not someone who
is establishing evidence for the right way. 

There is nothing wrong
with calling them Ahl al-Sunnah wa’l-Jamaa’ah, so as to differentiate
between them and the followers of deviant groups. This is not praising
oneself, rather it is distinguishing between the people of truth and the
people of falsehood.  End quote. 

Al-Muntaqa min Fataawa al-Shaykh al-Fawzaan,
1/question no. 206. 

Based on this, if a man whose religious commitment and
character are good proposes marriage to a Muslim woman, then she should
accept him even if he does not belong to one of these madhhabs, but if the
one who proposes to her is a member of one of the misguided and deviant
groups, then she should not accept him.  

And Allaah knows best.

Is it permissible for the father of the girl to prevent her husband from sitting with her after the ‘aqd (marriage contract)?

Is it permissible for the father of the girl to prevent her husband from sitting with her after the ‘aqd (marriage contract)?
ar - en
I have done the marriage contract with a girl, and we have agreed that the wedding party will be in one year’s time for financial reasons, but her father completely refuses to let me be alone with her, even for a few moments, to talk or just to sit. Is it permissible for him to prevent me from sitting and being alone with her on the basis of custom and tradition? What should I do?.

 

Praise be to Allaah.

The marriage contract has three pillars or essential parts:
the proposal, acceptance, and consent of the wife’s guardian. The proposal
is issued by one of the two parties first of all, indicating what he wants
of forming a contract. It is call ijaab which means commitment. The
acceptance is issued second by the other party, indicating that he agrees to
what the first party has proposed. This is called acceptance because it
indicates consent to what the first party has proposed. 

If this is done in the presence of the wife's guardian and
with his consent, then the marriage contract has been completed and the
woman has become his wife and he has become her husband. There result from
this contract a number of shar’i implications, which are: 

1.    
It becomes permissible for each
of the spouses to enjoy intimacy with the other.

2.    
The dowry which is mentioned in
the contract becomes obligatory, if he consummates the marriage with her or
if he is alone with her in the shar’i sense and in such a way that he would
be able to have intercourse with her, or if he dies before consummating the
marriage or being alone with her. She becomes entitled to half of the amount
as a result of the contract if he divorces her before consummating the
marriage or being alone with her. If he did not state an amount for the
dowry, then upon consummation or if he dies or if he is alone with her, she
becomes entitled to a dowry like that of her peers, such as her sisters and
female cousins.

3.    
It becomes obligatory on the
husband to spend on the wife's maintenance, such as food, clothing and
shelter. This does not become obligatory upon the husband until after he has
consummated the marriage with her, because these obligations are in return
for intimacy and her living under his care.

4.    
Any children are to be
attributed to the husband if the marriage has been consummated or if he has
been alone with her in the shar’i sense.

5.    
The right of inheritance is
established between the spouses, if one of them dies, whether the husband
has consummated the marriage with his wife or not.

6.    
The in-laws become mahrams,
which means that the ascendants and descendants of the husband become
mahrams for the wife, and the ascendants and descendants of the wife become
mahrams for the husband, according to the explanations of the scholars. 

From what we have mentioned with regard to the consequences
of marriage, the answer to the question is known, which is that it is
permissible for both spouses to enjoy intimacy, such as touching, kissing
and so on, with the other as soon as the marriage contract is done. 

In the answer to questions number
74321 and
13886 there was a discussion
of the things that are permissible for the one who has done the marriage
contract with a woman, even if he has not yet consummated the marriage with
her. 

But it is permissible for the guardian to be strict with
regard to being alone with her -- which means closing the door, drawing the
curtains and especially intercourse -- because of the problems that may
result from that before the marriage is announced. One spouse may die or
divorce may occur, which would result in bad consequences for the woman in
the event that she is pregnant or has lost her virginity. 

In the answer to question no.
3215, there is a discussion of
this issue, which we hope you will read. 

If we add to these problems that which happens a lot of
negligence concerning this issue before consummation and moving to the
marital home, namely the way people view these matters and their customs and
traditions which do not accept this kind of relationship except after
consummation of the marriage in the marital home that has been prepared for
that, then this is something to be taken into consideration with regard to
protecting honour and lineages. The husband should pay attention to this
matter and think with his head, not with his heart, and he should understand
the effects of this if death or divorce were to occur. He should remember
that he definitely would not accept that for his daughter, and by the same
token people do not accept that for their daughters. We think that this is
the best solution and the middle way between going to extremes and being
careless with regard to this matter.  

And Allaah knows best.

 

He had anal intercourse with a foreign woman but they have repented. Is it permissible for them to get married?

He had anal intercourse with a foreign woman but they have repented. Is it permissible for them to get married?
ar - en - ur
We had anal intercourse, but we repented and regretted. We love each other very much we cannot separate. We want to marry and live a happy life. Is it permissible for us to get married?


We follow the ibadhi madhab, and it prohibits marriage between a man  and a woman who committed adultry even if they repent. The evidence for this is that Umar ibn al-khattab separated a man who married a woman during her ‘iddah and said: “they shall never be togeather”, another evidence narrated by Ali, A’esha, and albaraa ben azeb, that “if a man and awoman who committed adultry got married, their relationship remains adultry forever”. Trust cannot be there between two who tested each other before marriage. What is your opinion?.

 

Praise be to Allaah.

Firstly: 

You should understand that looking for the right opinion on
practical fiqhi matters is something good, and it indicates that a person is
seeking the truth that Allaah has enjoined. Even better than this is that a
Muslim should look for the correct belief that will save him from the
misguided sects which the Prophet (peace and blessings of Allaah be
upon him) spoke of. He said that there would be seventy-two sects, “all of
which will be in the Fire” meaning that they are misguided and deserve this
warning of Hell. 

If you both regret what you did and have repented sincerely,
then it is permissible for you to get married, and there is no reason why
you should not do so. 

As for what you say about ‘Umar ibn al-Khattaab preventing
the one who married a woman during her ‘iddah from ever marrying her, it
seems – if this is a sound report – that this was a punishment (ta’zeer) to
the one who committed a sin, and it was not a confirmation of a shar’i
ruling that this is haraam. 

What you have quoted from some of the Sahaabah, that they
ruled that a couple who committed zina and then get married would remain
adulterers forever, may be understood as applying to those who did not
repent. 

Ibn Hazm (may Allaah have mercy on him) said: 

It was narrated from Ibn Mas’ood that he said concerning the
one who marries a woman after committing zina with her: They are still
adulterers. Then he narrated that Saalim ibn ‘Abd-Allaah ibn ‘Umar was asked
about a man who committed zina with a woman then married her. He said: Ibn
Mas’ood was asked about that and he said: “And He it is Who accepts
repentance from His slaves” [al-Shoora 42:25]. 

Ibn Hazm said:  

The two opinions (of Ibn Mas’ood) are in harmony, because he
only allowed marrying that woman after repentance. End quote. 

Al-Muhalla (9/63) 

And Allaah knows best.

She formed a relationship with someone else - should he fulfil his promise to marry her?

She formed a relationship with someone else - should he fulfil his promise to marry her?
ar - en
I am a young Muslim man and am religiously committed. I fell in love with a girl and promised to marry her, but she formed a relationship with another man. When I found out, she admitted that she was wrong and asked me to forgive her, but I no longer trust her and I do not like the way she behaves. Is it haraam for me to break my promise to her or not, although she is in the wrong? What do you advise me to do?.

 

Praise be to Allaah.

Firstly:

What we advise you to do is to let her go. Breaking your promise to marry
her is justified according to sharee’ah. The Messenger (peace and
blessings of Allaah be upon him) encouraged us to choose a wife who is
religiously committed, so look for such a one, and forget about this one,
and Allaah will give you one that is better than her. 

Secondly: 

You should
note that for a man and woman to form a relationship and agree to marry,
with the conversations and meetings that that involves, is something haraam.
This has been explained in the answers to many questions on this site, such
as questions no. 20949 and
1114. 

If you have
done any such thing, then you must hasten to repent from this sin and
resolve not to do it again. 

You describe
yourself as religiously-committed, so you must adhere to the rulings of
Islam and avoid that which Allaah and His Messenger have forbidden. May
Allaah help you to the best of words and deeds. 

And Allaah
knows best.

What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage?

What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage?
ar - en - ur
I have understood from the answers on this website that there are no restrictions between a man and a woman after the nikah, even though the marriage has not been consumated yet. I have read some answers to this question on your website, but i have not been able to find a satisfying answer to the general statement that some people make that one should follow the way of the Prophet Muhammad (peace and blessings of Allaah be upon him) and the man and the woman should not meet alone, as he (peace and blessings of Allaah be upon him) did not meet with Hadrat Ayesha (RA) till their marriage was consumated a few years after the nikah. So if the Prophet (peace and blessings of Allaah be upon him) didnt meet with her alone during the time between the nikah and consumation of marriage, then what is the daleel on which the scholars have based their justification that allows a man and woman to meet with each other after nikah and before the consumation of marriage?.

 

Praise be to Allaah.

The man remains a stranger to the woman and it is not
permissible for him to look at her, shake hands with her or be alone with
her. If he wants to marry her, then he should propose marriage – and in this
case it becomes permissible for him to look at her only; not shake hands
with her or be alone with her. If her family agree and give her in marriage
to him, then he becomes her husband and she becomes his wife, and it is
permissible for him to do everything – looking, being alone with her,
touching her, shaking hands and being intimate, because Allaah says
(interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts,
from illegal sexual acts)

6. Except from their wives…”

[al-Mu’minoon 23:5] 

Marriage is established as soon as the marriage contract is
done, hence if one of the spouses dies after the marriage contract has been
done, the other one inherits from him or her, even if that is before
consummation. 

This is the evidence that was quoted by the scholars with
regard to this issue. 

But it has become customary among people to announce the
marriage contract separately from the consummation, not because consummation
is haraam after the marriage contract, but rather because the husband’s
circumstances may not allow him to take his wife to the marital home, so
there is what is known as “announcement of consummation” or “the wedding
night”. As this is the case, the husband should not consummate the marriage
with his wife until after the consummation has been announced, because if he
consummated the marriage with her before that, it may cause serious problems
for both of them. He may divorce her or die, and she may be a virgin who
then loses her virginity, and she may become pregnant, thus the woman
exposes herself to suspicion and she and her family may be the subject of
unending gossip. See the answer to question no.
52806. 

As for the questioner saying that the Prophet (peace and
blessings of Allaah be upon him) was not alone with ‘Aa’ishah during the
period between the marriage contract and the consummation, this is just
conjecture. Who can be certain about that? That period lasted for three
years, during which the Prophet (peace and blessings of Allaah be upon
him) used to come to Abu Bakr’s house twice a day, morning and evening, as
is proven in Saheeh al-Bukhaari (476). 

So who can say that the Prophet (peace and blessings of
Allaah be upon him) was never alone with ‘Aa’ishah during that period? 

However, it may be that this is true, but that does not mean
that this is haraam, because it is proven that it is permissible, based on
evidence from the Qur’aan, as quoted above. 

And Allaah knows best.

Is the marriage contract valid if she is not present?

Is the marriage contract valid if she is not present?
ar - en
I had a proposal come few yrs ago.mans family disapproved of me due to different caste.he wanted tomarry me as did i.i gave him written permission for a nikah.we had a nikah in proxy.i was not present, he was there, two witnesses, a local imam etc.my parents do approve of this marriage but are not aware we actually had nikah.is this nikah jayaz.is it a nikah.we have not committed any haram intimate acts, all we do is talk over phone but had nikah as conversation this is only allowed after nikah.my issue is would a nikah in proxy be valid if i wasn't actually aware of exact day it took place.he did not inform me on the day that this was hapenning as we could not make contact.although i have no objections to this nikah just need to know if islamically it is valid.

 

Praise be to Allaah.

Firstly: 

It is not
essential for you to be present at the marriage contract; what matters is
that it be proven that you give your consent, and written permission is
sufficient for that. 

Secondly: 

What matters
is that your wali (guardian) or his wakeel (representative) should be
present, because a marriage contract without the wali of the woman is not
valid, because the Prophet (blessings and peace of Allaah be upon him)
said: “There is no marriage without a wali.” Narrated by Abu Dawood (2085),
al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa
al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

And the
Prophet (blessings and peace of Allaah be upon him)  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) and al-Tirmidhi (1102); classed as saheeh
by al-Albaani in Saheeh al-Jaami’, no. 2709. 

From your
saying “my parents do approve of this marriage but are not aware we actually
had nikah” it may be understood that your wali was not present at the nikaah
and that his representative was not present either. If that is the case then
the marriage contract is not valid, and you have to repeat the marriage
contract in the presence of the wali and two witnesses. 

This applies
if you have a Muslim wali, such as a father, brother or other guardian. If
there is no Muslim wali then your wali is the Muslim qaadi (judge). If there
is no qaadi, then it is the director of the Islamic centre or the imam of
the mosque. 

You do not
mention anything about your parents’ religion. 

Based on
that, if none of your guardians are Muslim, then the way in which the
marriage contract was done is valid. But if one of your guardians is Muslim,
then the marriage contract must be repeated in his presence, or he must
appoint someone to do the marriage contract on his behalf. 

And Allaah
knows best.

The name of the wife was not mentioned in the marriage contract and no details about her were mentioned; should the contract be renewed?

The name of the wife was not mentioned in the marriage contract and no details about her were mentioned; should the contract be renewed?
ar - en
During my mariage contract the name of my wife was not mentioned or any specifications even she has sisters,few scholars said renew it and some did not see the necessite to renew it.for myself i cant stop thinking about it ,im afraid that im doing unlawful relation with my wife because she is with me,my qwestion is there such thing to renew it just to be sure and for precaution purposeotherwords,is it ok to renewit by phone just to avoid any doubts because i cant stop thinking about it,myself and my wife are in different country than her father,so please give all the options how to renew it,and tell me about witnesses do they have to be me or with her father.

 

Praise be to Allaah.

Firstly: 

In order for
the marriage contract to be valid, both partners must be identified, and the
woman must be identified by giving her name or describing her, such as
saying “the youngest one” or “the oldest one” or by pointing to her if she
is present at the marriage ceremony. If her wali (guardian) says, “I give
this woman to you in marriage” and points to her, the marriage contract is
valid. 

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (7/96): Among the
conditions of the marriage contract being valid is that both partners be
identified, because both parties to any contract must be identified, such as
the buyer and seller.  Then if the woman is present and he says: “I give
this woman to you in marriage,” it is valid, because pointing is sufficient
for identification. If he adds more than that, such as saying, “this
daughter of mine” or “So and so,” then this is confirming it. 

If she is
not present and he says: “I give my daughter to you in marriage” and he does
not have any other daughter, that is permissible, but if he states her name
as well, this is confirming it. 

If he has
two or more daughters, and he says, “I give my daughter to you in marriage,”
then it is not valid unless he adds something to distinguish which daughter
is meant, by stating her name or some characteristic, such as saying, “I
give my oldest daughter – or my middle daughter or my youngest daughter – in
marriage to you.” If he states her name as well, this is confirming it.  

You do not
say whether she was present at the marriage ceremony or not, or how the
marriage ceremony was done. 

Whatever the
case, if the wife was present at the ceremony but he did not mention her in
a way that would distinguish her from his other daughter, then the marriage
contract is not valid and it must be repeated, and she must observe hijab
from you until the marriage contract is done, because in that case you are a
non-mahram for her. 

Secondly: 

It is valid
to do the marriage contract with her father by telephone, so long as you are
certain of his voice and his is certain of yours, and the witnesses are able
to hear both of you. It does not matter if the witnesses are with you or
with him.  

May Allaah
help us and you to do that which He loves and which pleases Him. 

And Allaah
knows best.

Is it permissible to delay the ‘aqd (marriage contract) for a long time after the engagement?

 

Is it permissible to delay the ‘aqd (marriage contract) for a long time after the engagement?
ar - en
A year ago I proposed marriage to a girl and we reached an agreement on all issues, but the engagement has now gone on for a long time. Now I want to do the marriage contract, but her family are refusing and they say that she is still studying, and I have to wait three years until she finishes her studies in the university, then we can get married. 


I do not know whether it is haraam for the engagement to last so long or not. I appreciate your website.

 

Praise be to Allaah.

There is
nothing wrong with delaying the marriage contract, even if the engagement
lasts for a long time. There is nothing in sharee’ah to indicate the length
of time that there should be between the proposal and the marriage contract,
rather that depends on local customs and how prepared each party is to go
ahead with the marriage contract. If a man may propose then do the marriage
contract and consummate the marriage contract all in one day, or it may be
done in a month or a year or longer than that. 

But it is
better – and we advise you – not to let the engagement go on too long, so
long as the man is able to complete the marriage contract, because of the
reports which encourage the one who can afford it to get married. The
Prophet (peace and blessings of Allaah be upon him) said: “O young men,
whoever among you can afford it, let him get married, and whoever cannot
afford it should fast, for it will be a shield for him.” Narrated by
al-Bukhaari (5065), Muslim (1400). 

A great deal
of experience shows that a lengthy engagement period opens the door to
problems for both parties before they have really started their life
together. These problems often lead to the cancellation of the engagement or
they have long-lasting effects on the psyches of both parties. 

What we
advise you – the suitor and the family of the girl – to do, if the agreed
upon engagement period is three years, as stated in the question, is not to
hasten to do the marriage contract, because there is in fact no benefit in
doing the marriage contract so early, if both parties realize that the man
is a “stranger” (non-mahram) to his fiancée like any other stranger, until
the marriage contract is done, and they are serious in adhering to the
rulings and etiquette of that. What makes us offer this advice to you is
what we have seen of many problems arising from allowing a lengthy time
between the marriage contract and consummation of the marriage, some of
which ended in the cancellation of the marriage. No doubt cancellation of an
engagement is easier on both parties than the annulment of a shar’i marriage
contract. 

Moreover,
another negative effect of a lengthy period between the marriage contract
and consummation of the marriage is the fact that the two parties become
more attached to one another, and their hearts and minds become distracted
for no reason, which may affect them psychologically and distract them from
the purpose for which they were created, such as acquiring beneficial
knowledge and doing righteous deeds. 

Think about
the confirmation of that in the amazing story that the Prophet (peace
and blessings of Allaah be upon him) told in order to teach a lesson, as it
is narrated in Saheeh al-Bukhaari (3214) and Saheeh Muslim
(1747) that Abu Hurayrah (may Allaah be pleased with him) said: The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“One of the Prophets went out on  a campaign, and he said to his people: No
man should accompany me who has gotten married and wants to consummate the
marriage but has not yet done so, or a man who has built a house but has not
yet put the roof on, or a man who has bought some sheep or pregnant
she-camels and is waiting for them to give birth…” This is well known. 

The point
here is that this noble Prophet excluded from the important mission of jihad
those who were not fit for it, among whom was a man who had married a woman,
and wanted to consummate the marriage, but he had not yet fulfilled that
wish. 

Ibn Battaal
narrated that al-Muhallab, one of the commentators of al-Bukhaari, said:
This indicates that the temptations of this world cause one to become
cowardly and may lead to one’s downfall, because whoever has gotten married
to a woman but has not consummated the marriage with her, or he consummated
the marriage only recently, his heart will be longing to go back to her, and
the shaytaan will distract him from the worship that he is doing, so he will
make him anxious. This applies to all worldly pleasures and possessions. 

Al-Haafiz
ibn Hajar (may Allaah have mercy on him) said: The point here is that one
should be focused on jihad, because whoever enters into a marriage contract
with a woman, his mind will be preoccupied with her, unlike the case if he
has consummated the marriage with her, because in that case the matter is
less serious in most cases. This is eating before praying. 

But the
advice given above only applies if you are unable to get married straight
away, for some pressing reason. But we think that delaying it on the basis
of studying is not a sound reason, and we do not advise that. 

Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

What is
required is to hasten to get married, and no young man or young woman should
delay marriage for the sake of studies, because marriage does not prevent
any such thing. It is possible for a young man to get married in order to
protect his religious commitment and morals, and enable him to lower his
gaze. Marriage serves many purposes, especially in this day and age. Because
delaying it is harmful for both young women and young men, every young man
and every young woman should hasten to get married if there is a man who is
compatible with the woman, and if a man can find the right woman – in
accordance with the words of the Prophet (peace and blessings of Allaah
be upon him): “O young men, whoever among you can afford it, let him get
married, and whoever cannot afford it should fast, for it will be a shield
for him.” Saheeh – agreed upon. 

This
includes both young men and young women; it does not apply only to men,
rather it includes everyone – they all need to get married. We ask Allaah to
guide us all. 

Majmoo’Fataawa wa Maqaalaat Mutanawwi’ah,
20/421-422. 

Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) was asked: 

There is a
widespread habit whereby a girl or her father will refuse marriage to one
who proposes to her so that she may complete her secondary or university
education, or so that she may teach for a number of years. What is the
ruling on that, and what is your advice to the one who does that? Some girls
may reach the age of thirty and not be married. 

He replied: 

The ruling
on that is that it is contrary to the command of the Prophet (peace and
blessings of Allaah be upon him), because the Prophet (peace and
blessings of Allaah be upon him) said: “If there comes to you one with whose
character and religious commitment you are pleased, then marry (your
daughter or female relative under your care) to him.” (al-Tirmidhi, 1084).
And he said: “O young men, whoever among you can afford it, let him get
married, for it is more effective in lowering the gaze and protecting one’s
chastity.” 

Refusal to
get married means losing out on the benefits of marriage. What I advise my
Muslim brothers who are guardians of women, and my Muslim sisters, to do is
not to refuse marriage for the sake of completing studies or teaching. A
woman can stipulate that her husband let her stay in school until her
studies have ended, or that he let her continue to work as a teacher for one
or two years, so long as she is not busy with her children. There is nothing
wrong with that. Moreover, the importance of a woman acquiring
university-level knowledge in a field that we do not need is something that
may be subject to further examination. 

What I think
is that if a woman has completed the elementary level of education, and she
knows how to read and write to such a level that she can benefit from
reading the Book of Allaah and its tafseer, and reading the ahaadeeth of the
Prophet (peace and blessings of Allaah be upon him) and its commentary,
then that is sufficient, unless she wants to study  fields of knowledge that
the people need, such as medicine and the like, so long as there is nothing
haraam in her studies and it does not involve mixing and the like. 

Fataawa
‘Ulama’ al-Balad al-Haraam (p. 390). 

May Allaah
help us and you to do that which He loves and which pleases Him. 

And Allaah knows best.

Is it permissible for a woman to write marriage contracts?

Is it permissible for a woman to write marriage contracts?
ar - en
In our country there are ladies who write marriage contracts. They work as registrars, and as such they write down marriage contracts. I know that one of the conditions for the witnesses and the wali (guardian of the bride) is that they must be male. 


Is it permissible for a woman to write the marriage contract? 


I hope that you can answer my question. Many thanks.

 

Praise be to Allaah.

The one who
writes down the marriage contract is known as the registrar or by other
titles  

This is the
one who conducts the marriage procedure in accordance with the essential
shar’i requirements, and records it in a document called ‘aqd al-nikaah
(the marriage contract). 

One of his
duties is to confirm that the bride gives her consent and agrees to this
marriage, by consulting a previously-married woman and by asking the
permission of a virgin, finding out the conditions stipulated by both
parties and ensuring that there are no impediments to the marriage. 

His duties
also include confirming whether the wali is acceptable as a wali according
to sharee’ah or not, and confirming the identity of the witnesses and
recording their testimony.

 His duties
also include documenting the nature and amount of the mahr, whether it has
been received by the bride or the wali, or not, and whether there remains
any of it to be paid at a later date, or it has been paid in full. 

Acting as a
registrar is regarded as a branch of the judiciary, in fact the registrar is
acting as a deputy of the shar’i judge (qaadi), so the registrar must
himself meet some of the conditions that are stipulated for the qaadi, the
most important of which are that he should be Muslim, male, an adult, of
sound mind and mature. 

It is
permissible for a woman to help prepare the marriage contract with regard to
the dowry and consent of both parties. But with regard to directly doing the
marriage procedure, it is not permissible for her to do that. Concerning
this there is a report from ‘Aa’ishah (may Allaah be pleased with her). 

It was
narrated that Ibn Jurayj said: When ‘Aa’ishah wanted to arrange the marriage
of one of her womenfolk, she called some of her family and would recite the
shahaadah, and when there was nothing left but the nikaah, then she would
say: “O So and so, perform the marriage, for women cannot perform
marriages.” 

Musannaf
‘Abd al-Razzaaq (6/201); classed as saheeh by
al-Haafiz Ibn Hajar in Fath al-Baari (9/186). 

It was
narrated that ‘Aa’ishah said: If a young man from among her sister’s
children liked a young women from among her brother’s children, a curtain
would be set up between them and she would speak, and if there was nothing
left but marriage she would say: “O so and so, perform the marriage, for
women cannot perform marriages.” 

Musannaf
Ibn Abi Shaybah (3/276) 

There was
also narrated from ‘Aa’ishah a report which may be misinterpreted as meaning
that a women is allowed to conduct marriages, and the Hanafis quoted it as
evidence that it is not essential to have a wali for marriage. 

It was
narrated from al-Qaasim ibn Muhammad that ‘Aa’ishah the wife of the Prophet
(peace and blessings of Allaah be upon him) married Hafsah bint ‘Abd
al-Rahmaan to al-Mundhir ibn al-Zubayr when ‘Abd al-Rahmaan was away in
Syria. When ‘Abd al-Rahmaan came he said: How could such a thing be done to
me? How could I be mistreated in such a manner?  ‘Aa’ishah spoke to
al-Mundhir ibn al-Zubayr and al-Mundhir said: That is up to ‘Abd al-Rahmaan.
‘Abd al-Rahmaan said: I would not undo something that you have decided.
Therefore Hafsah remained married to al-Mundhir and there was no divorce. 

Narrated by
Maalik (1182). Its isnaad is saheeh. 

What they
understood from this report is wrong. What the report means is in accordance
with what we have narrated from ‘Aa’ishah (may Allaah be pleased with her)
above. 

Imam Abu
Waleed al-Baaji (may Allaah have mercy on him) said: 

The words “
‘Aa’ishah married Hafsah to…” may be understood in two ways: 

1 – That she
herself did the marriage contract. This was narrated by Ibn Muzayn from
‘Eesa ibn Dinar who said: This is not the usual practice – i.e., the
practice of the people of Madeenah at the time when ‘Eesa was there –
because Maalik and the fuqaha’ of Madeenah did not regard as permissible a
marriage contract done by a woman, and it to be regarded it as invalid
whether the marriage is consummated or not.  

2 –That she
only discussed the mahr and other matters having to do with the marriage,
and appointed one of her male relatives to conduct the marriage, but the
contract was attributed to ‘Aa’ishah because she is the one who arranged it.
It was narrated that ‘Aa’ishah would arrange marriages then say: “Perform
the marriage contract, for women cannot perform the marriage contract.” This
is what is well known among the Sahaabah, that it is not valid for a woman
to perform a marriage contract for herself or for another woman. 

Al-Muntaqa Sharh al-Muwatta’ (3/251). 

Ibn ‘Abd
al-Barr (may Allaah have mercy on him) said: 

The words in
this hadeeth – ‘Aa’ishah married Hafsah, the daughter of her brother ‘Abd
al-Rahmaan, to al-Mundhir ibn al-Zubayr – are not to be taken at face value.
What is meant by the words “she married Hafsah to” is – and Allaah knows
best –the proposal of marriage and other arrangements concerning the dowry,
consent to marriage and so on, not the marriage contract itself. This is
based on the hadeeth that is narrated from her, which says that when she had
finished discussing the proposal, dowry and consent to marriage, she would
say: “Perform the marriage contract, for women cannot perform the marriage
contract.” 

He said: The
Kufis quoted as evidence the hadeeth of Maalik from ‘Abd al-Rahmaan ibn
al-Qaasim from ‘Aa’ishah that is mentioned in this chapter about it being
permissible for a woman to perform a marriage contract. 

But it
cannot be evidence because of the hadeeth of Ibn Jurayj that we have quoted,
and because ‘Aa’ishah is the last of those who quoted the Prophet
(peace and blessings of Allaah be upon him) as saying: “There can be no
marriage without a guardian.” The word wali (guardian) can only be applied
to male relatives, not women. 

Al-Istidhkaar (6/32). 

Conclusion: 

It is
permissible for a woman to arrange and prepare for a marriage but it is not
permissible for her to conduct the marriage herself, because that is the job
of the qaadi or his deputy, and one of the conditions of the qaadi is that
he should be male. 

If the
marriage contract has been performed with the consent of both parties and
the agreement of the wali, and the woman is appointed to document the
marriage contract, such as if she is an employee working in the court or
sharee’ah department, and the like, then it seems that there is nothing
wrong with that, because the marriage contract has been done, and all she is
doing is recording it in a document. 

But if she
is a witness to the marriage contract or is the one who decides the validity
of the witnesses or she is the one who conducts the marriage, instead of the
wali, then that is not permissible. 

And Allaah
knows best.

Delaying consummation of the marriage after doing the marriage contract

 

 

Delaying consummation of the marriage after doing the marriage contract
ar - en
A young man came and proposed marriage to me, but I was surprised to see his family objecting strongly to that, and they caused a great deal of trouble for him. I suggested to him that we do the marriage contract on paper for now, and we will stay apart from one another for some of the time, especially since I want to leave my current job and I have many entitlements that I cannot take unless I am married. Is there anything Islamically wrong with doing the marriage contract in this manner and delaying the consummation of the marriage?.

 

Praise be to Allaah.

Firstly: 

We ask
Allaah to help you and guide you, and to compensate you with something
better if you leave your job, and to bless you with a righteous husband who
will be a delight to you.  

Secondly: 

If the
marriage contract is done with the consent of both parties and in the
presence of the woman’s wali (guardian) and two witnesses, then it is a
valid marriage, whether the consummation takes place immediately afterwards
or it is delayed for a long time or a short time. 

The
Messenger (peace and blessings of Allaah be upon him) did the marriage
contract with ‘Aa’ishah when he was in Makkah, and he consummated the
marriage with her three years later. Narrated by al-Bukhaari (3894) and
Muslim (1422). 

Thirdly: 

It is better
for him to try and convince his parents of this marriage, because that will
be beneficial for him and for you and your children. He should try not to do
this marriage without the agreement of his family, so that it will not be a
cause of never-ending disputes and arguments or have a bad effect on your
family life. 

Fourthly: 

It should be
noted that it is not permissible for you to form a relationship with this
young man, and that the fiancé is a stranger (non-mahram) to his fiancée
until the marriage contract is done.

And Allaah
knows best.

If a man says to his fiancĂ©e, “Give yourself to me in marriage,” this is not regarded as a marriage

 

 

If a man says to his fiancée, “Give yourself to me in marriage,” this is not regarded as a marriage
ar - en
I am a young man and I proposed marriage to a girl. The engagement period lasted approximately one year, then something like what happens between a husband and a wife happened between us. There was no actual zina but I know that this is one of the degrees of zina. I said to her: “Will you give yourself to me in marriage according to the Sunnah of Allaah and His Messenger?” And she said “Yes.” Allaah and all of the Muslims are witnesses that she is my wife and she agrees with me, but there were no witnesses, until the marriage is done officially, so that whatever happens between us will not be haraam. Is this marriage permissible or not?.

 

Praise be to Allaah.

Firstly: 

The fiancé
is a stranger (non-mahram) to his fiancée and it is not permissible for him
to touch her, shake hands with her or be alone with her. The evidence that
these things are haraam is well known and is not hidden. See question no.
84089. 

What
happened between you is haraam and you must repent to Allaah, may He be
exalted, for that, by giving it up, regretting it and resolving not to do it
again in the future. You must also keep away from the things that lead to
haraam such as being in touch or corresponding, until the marriage contract
is done. 

Many people
are careless about such matters during the engagement period; this is an
evil matter which leads to things that are even worse. 

Think about
how the shaytaan toys with man until he commits zina with the one he wants
to marry. Verily to Allaah we belong and unto Him is our return. 

Think about
a marriage that starts with something haraam, and is based on haraam. How
will it be and how will it end? 

Secondly: 

The fact
that you said to your fiancée “Will you marry me according to the Sunnah of
Allaah and His Messenger” and she said yes is not regarded as a marriage and
it is worthless according to sharee’ah. It does not make permissible what
happened before it and what will come after it. Rather this is one of the
tricks of the shaytaan whereby he deceives some of those who turn away from
learning what their religion requires of them. If this were a real marriage,
why would every adulterer and adulteress fail to do it?  

A marriage
contract is not valid unless it is done in the presence of the woman’s wali
(guardian) and with his consent, because the Prophet (peace and
blessings of Allaah be upon him) said: “There is no marriage without a
wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah
(1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by
al-Albaani in Saheeh al-Tirmidhi. 

And he
(peace and blessings of Allaah be upon him) 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) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in
Saheeh al-Jaami’, no. 2709. 

Allaah
describes marriage as meethaaq ghaleez (firm and strong covenant –
al-Nisa’ 4:21). It is not a game that a man plays with his friends, bringing
whomever he wants to witness his marriage to a woman who is careless about
her honour and who has sold herself, then when he has had his way with her
he leaves her with no authority over him and no way to demand maintenance
from him, then if she produces a child he is the first one to disavow
himself of him. And he does not know, perhaps she married another husband in
the same cheap manner? 

This shows
you how abhorrent are these tricks that are used in order to commit zina and
which are called marriage. Unfortunately this has become widespread among
some Muslims. We ask Allaah to keep us safe and sound.  

Finally, we
should like you to ask yourself this question: If this girl was your sister
or your daughter, would you agree to her fiancé doing that with her? 

If you would
not like it for your sister or your daughter, then other people do not like
it for their sisters and daughters either. 

Fear Allaah,
give up this haraam action, and protect the honour of the one whom you want
to be your wife in the future.  

You must
hasten to get married, so that you will be safe from committing something
haraam. 

May Allaah
help us all to do that which He loves and which pleases Him. 

And Allaah
knows best.

Ruling on doing weddings in the mosque and always starting with recitation of Quraan and exhortation

 

 

Ruling on doing weddings in the mosque and always starting with recitation of Quraan and exhortation
ar - en
What is the ruling on always doing weddings in the mosques, and having a specific format such as reciting Qur’aan at the beginning, then giving a speech, then doing the marriage contract at the end?.

 

Praise be to Allaah.

Firstly: 

The majority of fuqaha’ are of the view that it is mustahabb
to do the marriage contract in the mosque, and they quoted as evidence for
that the hadeeth: “Announce the marriage and do it in the mosque and beat
daffs for that.” Narrated by al-Tirmidhi (1089), but it is da’eef (weak) –
except the part about announcing the marriage – as al-Albaani said in
Da’eef al-Tirmidhi. 

It says in Majma’ al-Anhar (1/317): It is mustahabb to
do the marriage contract in the mosque, and to do it on a Friday, but they
differed as to whether it is makrooh to hold the wedding party there. The
best view is that it is not makrooh if it does not involve anything that is
detrimental to religious practice. End quote. 

Al-Khorashi said in Sharh Khaleel (7/71): i.e., it is
permissible to do the marriage contract (in the mosque), i.e., the proposal
and response, rather that is mustahabb. End quote. 

And it says in Nihaayat al-Muhtaaj (6/185): It is
Sunnah to get married in Shawwaal, to consummate the marriage in (Shawwaal),
to do the marriage contract in the mosque, to do it before a group of people
and to do it at the beginning of the day. End quote. 

It says in Kashshaaf al-Qinaa’ (2/368): It is
permissible to do the marriage contract in (the mosque), rather it is
mustahabb as was mentioned by some of our companions. End quote. 

Secondly: 

When doing the marriage contract in the mosque it is
essential that this does not result in any disrespect towards the mosque or
doing any reprehensible deeds therein, such as beating the daff, and no
nasheeds should be sung therein. Rather the marriage contract is enough, but
if any Qur’aan is read or a speech is given, there is nothing wrong with
that, but that should not always be done, because there is no evidence for
reading Qur’aan in wedding parties or at other times, and some of the
scholars regarded that as an innovation (bid’ah). 

Shaykh ‘Abd al-Razzaaq ‘Afeefi (may Allaah have mercy on him)
was asked about the ruling on reading Qur’aan out loud in parties and
gatherings such as wedding parties: is this an innovation? 

He replied: It is an innovation to begin gatherings
officially with recitation of Qur’aan, because there is no text concerning
that, so it should not be taken as a custom, but it is permissible to do it
sometimes. I had a disagreement with the Council of Senior Scholars when
they opened meetings with the recitation of Qur’aan. I said: This is an
innovation. This was not done by the Messenger (peace and blessings of
Allaah be upon him), whose gatherings were many, and he is the leader whose
example is to be followed. But if there is a speech which includes some
verses of Qur’aan, there is nothing wrong with that. End quote from
Fataawa wa Rasaa’il al-Shaykh ‘Abd al-Razzaaq al-‘Afeefi, p. 621. 

And Allaah knows best.

She married him after he became Muslim and now he does not pray

 

 

She married him after he became Muslim and now he does not pray
ar - en - fr
My sister married an American man who she said was a Muslim. He is an officer in the American army in one of the Arab countries. They stayed with us for a week and I did not see him pray. I advised my sister to pay attention to this matter so that her marriage would be valid but unfortunately she did not pay any attention to it and neither did he. Is this marriage valid according to sharee’ah? 


His work is against the Muslims – is that permissible?.

 

Praise be to Allaah.

Prayer is
the most important pillar of Islam after the Shahaadatayn. Not praying is
major kufr that puts one beyond the pale of Islam. The evidence for this has
been explained in the answer to question no.
5208. 

It is not
permissible for a Muslim woman to marry a man who does not pray, and it is
not permissible for her to remain married to a man who stops praying after
the marriage contract has been done. 

As this man
has recently become Muslim, it seems most likely that he does not know the
rulings of Islam or the importance of prayer, or that not praying is kufr.  

So it is
essential to explain to him the status of prayer in Islam, and that not
praying constitutes kufr, and that Islam and not praying cannot be combined.
If he starts to pray then praise be to Allaah, but if he persists in not
praying then he and his wife must be separated because he is not a Muslim. 

Secondly: 

It is very
strange that your sister did not pay attention to this matter after you
advised her. The relationship between them may not be proper according to
sharee’ah, and we do not think that she would agree to that. You have to
carry on advising her. 

What we are
afraid of is that your sister may not be praying either, which would make
the matter more serious and more complicated. 

Thirdly: 

With regard
to working for or joining the American army, the ruling on that has been
discussed in the answer to question no.
3885.

And Allaah
knows best.

She got pregnant from him after the traditional ceremony and before the official ceremony

 

 

She got pregnant from him after the traditional ceremony and before the official ceremony
ar - en
The imam of a mosque proposed marriage to a woman, on the basis that they would be engaged for five years, and he did the marriage contract with her before a number of people, but before he announced his marriage to her and before the marriage was officially registered, he had intercourse with her without her family’s knowledge, and when he decided to announce the marriage with the daff (i.e., hold a wedding party) and register the marriage officially, she was pregnant and there were only three months left until the birth. 


My questions are: 


1- What is the ruling on his marriage and what is the ruling on the child who is born as a result?


2- Is the husband regarded as having done something haraam by doing this, or not?


3- What is the ruling on praying behind this imam?.

 

Praise be to Allaah.

Firstly: 

If the
marriage contract to which you refer met the conditions of proposal and
acceptance, and the presence of the woman’s wali (guardian) and two
witnesses, and was done with the woman’s consent, then this is a valid
marriage contract with all that that entails. The woman became his wife
thereby and it is permissible for her husband to be intimate with her,
including intercourse. But if he refrained from intercourse that would have
been better, in accordance with custom and so as to avoid the negative
consequences that result from that, such as suspicion and so on, especially
since the marriage was not registered officially. 

The child
who results from this marriage is legitimate and is to be named after his
father, because it is a valid marriage. See also question no.
75026. 

But if the
marriage did not fulfil the conditions, such as if there was no wali, then
it is an invalid marriage according to the majority of fuqaha’, but the
child should still be attributed to his father. 

The one who
did this marriage contract although he knew that it was haraam, and had
intercourse after that, is a zaani (fornicator, adulterer) and is judged to
be a faasiq (rebellious evildoer) unless he repents and become righteous.  

Shaykh
al-Islam Ibn Taymiyah said in al-Fataawa al-Kubra (3/326): Whoever
has intercourse with a woman in an invalid marriage believing that she is
his wife, his child from her is to be attributed to him, according to the
consensus of the Muslims. End quote. 

Secondly: 

With regard
to praying behind him, such prayers are valid, and what has happened does
not undermine his religious commitment and he is not judged to be a faasiq
(rebellious evildoer) because of it, because if the first marriage contract
was valid, there is no problem and that does not undermine his religious
commitment. But if it was invalid – such as if it was done without a wali –
and it seems that he did that believing it to be permissible, then he is not
sinning and he is not judged to be a faasiq because of that.  

But this
imam made a mistake by hastening to consummate the marriage before
announcing the marriage and registering it officially, because that opens
the door to gossip about him and his wife, and exposes him to talk. The one
who is in a position where he is an example for people –such as an imam,
teacher, mufti, qaadi and so on – should keep away from everything that may
impugn their dignity and open the door to doubt and suspicion about them. 

May Allaah
help us all to do that which He loves and which pleases Him. 

And Allaah
knows best.