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

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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

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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

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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?

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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

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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