Chapter 1
Transactions
Marriage: General
46979: Ruling on the bride sitting on a dais
Question:
My question is about the dais on which the bride is
placed, which is a kind of platform or stage which is on a
higher level than the people who are present, so that the
bride may be easily seen by all the people present. Is this a
kind of arrogance, knowing that some of the friends of the
bride sit with her? Please advise us, may Allaah reward
you with good.
Answer:
Praise be to Allaah.
The dais on which the bride sits is something that
has been well known from ancient times and is mentioned
in several classical texts.
There is nothing wrong with the bride sitting on a
dais, subject to the condition that it be screened from the
gaze of non-mahram men. This is not regarded as a kind
of arrogance, rather the aim, as you stated, is for
everyone to be able to see her.
Here we should point out the evils that happen in
some societies on such occasions, where the husband sits
with his wife on this dais when she is wearing all her finery,
in front of both men and women, or the husband comes
in and sits with his wife on the dais when there are
women present who are not his mahrams, wearing all
their adornments.
The scholars of the Standing Committee said:
For the husband to appear on the dais in front of
women who are not his mahrams and who are present at
the wedding party, where he can see them and they can
see him, and they are wearing all their adornments and he
is wearing all his finery, is not permissible, rather it is
an evil action which must be denounced.
Fataawa al-Lajnah al-Daa'imah, 19/120.
And Allaah knows best.
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45789: Attending wedding parties which involve some evils
Question:
Celebrations nowadays are not free of some evils,
such as songs, dancing, music, improper clothing, etc.
My question is very important:
1- Is it permissible to attend and accept invitations to
these occasions?
2- As 99% of these events are not free of songs,
especially those that are accompanied by haraam
musical instruments or indecent words, does this mean that
we should have nothing to do with them and not attend
any such occasions?
3- If we do not attend these parties, does that mean
we are severing the ties of kinship, cutting ourselves off
from people and causing enmity between us and them?
4- The scholars have stipulated that if we attend
these celebrations we must denounce what goes on, but
such denunciations receive no response and there is no
real opportunity at such times which they claim are times
of joy.
5- I hope that you can find the time to explain for us
in detail about this matter which is so widespread nowadays.
Answer:
Praise be to Allaah.
1 _ It is not permissible to attend wedding parties
that involve evil actions, such as singing that is
accompanied by music or that includes indecent words. The fact
that this is widespread among people does not mean that it
is permissible and should not be denounced.
2 _ Not attending these parties is not regarded as
severing the ties of kinship, rather it is protecting oneself
from seeing or hearing evil. Your family and relatives
should understand that you would be keen to attend and
take part, were it not for the evil things that they do.
3 _ If a person who is invited to such an event knows
that there will be evil things happening and that he is not
able to denounce them, it is not permissible for him to attend.
Ibn Qudaamah (may Allaah have mercy on him) said
in al-Mughni (7/214): If a person is invited to a
wedding feast in which evil things will take place, such as
wine, musical instruments, etc, and he is able to attend
and remove those evils, then he must attend and
denounce them, because then he will be fulfilling two
duties: accepting the invitation of his Muslim brother
and removing evil. But if he is not able to denounce
them then he should not attend. If he does not know about
the evils until he gets there, he should remove them. If
he cannot, then he should go away. Something similar
was stated by al-Shaafa'i.
It says in Fataawa al-Lajnah al-Daa'imah:
If wedding parties are free of evils such as men
mixing with women and indecent songs, or if you attend
then these evils will be changed, then it is permissible to
attend, so as to share in the occasion of joy. Rather it is
obligatory to attend if there is some evil that you can remove.
But if there are evil things in these parties that you
cannot denounce, then it is haraam to attend them because of
the general meaning of the words of Allaah (interpretation
of the meaning):
"And leave alone those who take their religion as
play and amusement, and whom the life of this world
has deceived. But remind (them) with it (the Qur'aan) lest
a person be given up to destruction for that which he
has earned, when he will find for himself no protector
or intercessor besides Allaah"
[al-An'aam 6:70]
"And of mankind is he who purchases idle talks
(i.e. music, singing) to mislead (men) from the path of
Allaah without knowledge, and takes it (the path of Allaah,
or the Verses of the Qur'aan) by way of mockery. For
such there will be a humiliating torment (in the Hellfire)"
[Luqmaan 31:6]
And because of the many ahaadeeth which condemn singing and musical instruments.
From Fataawa al-Mar'ah, compiled by Muhammad
al-Musnad, p. 92.
And Allaah knows best.
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44990: The reason why the Prophet (peace and blessings
of Allaah be upon him) married `Aa'ishah despite the
age difference
Question:
A Christian colleague of mine asked me why the
Prophet (peace and blessings of Allaah be upon him)
married `Aa'ishah (may Allaah be pleased with her) when
she was nine years old and he was nearly sixty, and was
he intimate with her at that age or what? In fact I do
not know how to respond to that.
Answer:
Praise be to Allaah.
The Prophet (peace and blessings of Allaah be upon
him) married `Aa'ishah (may Allaah be pleased with her)
after he married Sawdah bint Zam'ah (may Allaah be
pleased with her). She _ `Aa'ishah _ was the only virgin
whom he (peace and blessings of Allaah be upon him)
married. And he consummated the marriage with her when
she was nine years old.
Among her virtues was the fact that the Revelation
did not descend when he under one cover with any of
his wives other than her. She was one of the dearest of
all people to the Prophet (peace and blessings of Allaah
be upon him), and news of her innocence was revealed
from above the seven heavens. She was one of the
most knowledgeable of his wives, and one of the
most knowledgeable women of the ummah as a whole.
The senior companions of the Prophet (peace and
blessings of Allaah be upon him) used to refer to her opinion
and consult her.
With regard to the story of her marriage, the
Prophet (peace and blessings of Allaah be upon him) had
grieved over the death of the Mother of the Believers
Khadeejah, who had supported him and stood by his side, and
he called the year in which she died The Year of
Sorrow. Then he (peace and blessings of Allaah be upon
him) married Sawdah, who was an older woman and was
not very beautiful; rather he married her to console her
after her husband had died and she stayed among
mushrik people. Four years later the Prophet (peace and
blessings of Allaah be upon him) married `Aa'ishah (may
Allaah be pleased with her), and he was over fifty. Perhaps
the reasons for the marriage were as follows:
1 _ He saw a dream about marrying her. It is proven in
al-Bukhaari from the hadeeth of `Aa'ishah (may Allaah
be pleased with her) that the Prophet (peace and
blessings of Allaah be upon him) said to her: "You were shown
to me twice in a dream. I saw that you were wrapped in
a piece of silk, and it was said, `This is your wife.'
I uncovered her and saw that it was you. I said, `If this
is from Allaah then it will come to pass.'" (Narrated by
al-Bukhaari, no. 3682). As to whether this is a
prophetic vision as it appears to be, or a regular dream that may
be subject to interpretation, there was a difference of
opinion among the scholars, as mentioned by al-Haafiz in
Fath al-Baari, 9/181.
2 _ The characteristics of intelligence and smartness
that the Prophet (peace and blessings of Allaah be upon
him) had noticed in `Aa'ishah even as a small child, so
he wanted to marry her so that she would be more able
than others to transmit reports of what he did and said. In
fact, as stated above, she was a reference point for the
Sahaabah (may Allaah be pleased with them) with regard to
their affairs and rulings.
3 _ The love of the Prophet (peace and blessings of
Allaah be upon him) for her father Abu Bakr (may Allaah
be pleased with him), and the persecution that Abu Bakr
(may Allaah be pleased with him) had suffered for the sake
of the call of truth, which he bore with patience. He was
the strongest of people in faith and the most sincere in
certain faith, after the Prophets.
It may be noted that among his wives were those
who were young and old, the daughter of his sworn
enemy, the daughter of his closest friend. One of them
occupied herself with raising orphans, another distinguished
herself from others by fasting and praying qiyaam a great
deal… They represented all kinds of people, through whom
the Messenger of Allaah (peace and blessings of Allaah
be upon him) was able to set out a way for the
Muslims showing how to deal properly with all kinds of
people. [See al-Seerah al-Nabawiyyah fi Daw' al-Masaadir
al-Asliyyah, p. 711].
With regard to the issue of her being young and your
being confused about that, you should note that the
Prophet (peace and blessings of Allaah be upon him) grew up in
a hot country, the Arabian Peninsula. Usually in
hot countries adolescence comes early and people marry
early. This is how the people of Arabia were until
recently. Moreover, women vary greatly in their development
and their physical readiness for marriage.
If you think _ may Allaah guide you _ that the
Prophet (peace and blessings of Allaah be upon him) did not
marry any virgin other than `Aa'ishah (may Allaah be
pleased with her), and that all his other wives had been
previously married, this will refute the notion spread by many
hostile sources, that the basic motive behind the
Prophet's marriages was physical desire and enjoyment of
women, because if that was his intention he would have
chosen only those who were virgins and beautiful etc.
Such slanders against the Prophet of Mercy (peace
and blessings of Allaah be upon him) by kaafirs and others
of their ilk, are indicative of their inability to find fault
with the law and religion that he brought from Allaah, so
they try to find ways to criticize Islam with regard to
issues that are not related to sharee'ah.
And Allaah is the Source of strength. May Allaah
send blessings and peace upon our Prophet Muhammad
and his family and companions.
For more information see Zaad al-Ma'aad, 1/106.
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13492: Encouragement to have a lot of children
Question:
I noticed that people are of two types: those
who encourage us to have few children and those
who encourage us to have a lot of children. Is there is
evidence to support either of these two opinions?.
Answer:
Praise be to Allaah.
Abu Dawood (2050) narrated that Ma'qil ibn Yasaar
said: A man came to the Prophet (peace and blessings of
Allaah be upon him) and said, "I have found a woman who is
of good lineage and is beautiful, but she does not
children. Should I marry her?" He said, "No." Then he came
again with the same question and he told him not to marry
her. Then he came a third time with the same question and
he said: "Marry those who are loving and fertile, for I
will be proud of your great numbers before the other
nations." Classed as saheeh by al-Albaani in
Irwa' al-Ghaleel, 1784.
This hadeeth indicates that it is encouraged to
marry women who are fertile, so that the numbers of the
ummah will increase, and so the Prophet (peace and blessings
of Allaah be upon him) will feel proud of his ummah
before all other nations. This shows that it is encouraged to
have a lot of children.
Al-Ghazaali said that when a man gets married,
intending thereby to have children, that this is an act of worship
for which he will be rewarded because of his good
intention. He explained that in several ways:
1 _ This is in accordance with what Allaah wants,
which is to perpetuate the human race.
2 _ Seeking the love of the Messenger (peace
and blessings of Allaah be upon him) in having many
children, so that he will feel proud of them before the other
Prophets and nations on the Day of Resurrection.
3 _ Seeking barakah (blessing) and a great deal of
reward, and forgiveness of sins through the du'aa' of a
righteous child after one dies.
It is well known that since ancient times children
have been the hope of the Prophets and Messengers and all
of the righteous slaves of Allaah, and that will continue
to be the case so long as man's innate nature (fitrah)
remains sound. Children are a blessing whom people love and
on whom they pin their hopes.
Ibraaheem (peace be upon him) prayed to his Lord,
saying (interpretation of the meaning):
"My Lord! Grant me (offspring) from the righteous"
[al-Saafaat 37:100]
And Allaah says of Zakariya (peace be upon him) (interpretation of the meaning):
"When he called out his Lord (Allaah) a call in secret.
He said: `My Lord! Indeed my bones have grown
feeble, and grey hair has spread on my head, and I have
never been unblest in my invocation to You, O my Lord!
And verily, I fear my relatives after me, and my wife
is barren. So give me from Yourself an heir.
Who shall inherit me, and inherit (also) the posterity
of Ya'qoob (Jacob) (inheritance of the religious
knowledge and Prophethood, not of wealth). And make him, my
Lord, one with whom You are WellPleased!'
(Allaah said) `O Zakariyya (Zachariah)! Verily, We
give you the glad tidings of a son, whose name will be
Yahyaa (John). We have given that name to none before
(him)'" [Maryam 19:3-7]
Allaah praises His righteous slaves in many ways,
such as when He said (interpretation of the meaning):
"And those who say: `Our Lord! Bestow on us from
our wives and our offspring the comfort of our eyes, and
make us leaders of the Muttaqoon (the
pious)'" [al-Furqaan 25:74]
And Allaah tells us that Shu'ayb (peace be upon
him) commanded his people to remember Allaah's blessing
to them when He made them many after they had been
few. He said (interpretation of the meaning):
"And remember when you were but few, and He
multiplied you"
[al-A'raaf 7:86]
He regarded their being multiplied after they had
been few as a great blessing which obliged them to obey
Allaah and obey His Messenger (peace and blessings of
Allaah be upon him).
Undoubtedly the benefits of increasing the
nation's offspring are obvious to everyone who thinks about
the matter. Hence nations who understand this matter
have been keen to encourage their people to increase
their numbers and also to make their enemies reduce
their numbers by means of specious arguments and
sometimes by using means that lead to infertility and having
few children, by means of drugs, contaminated food
stuffs that reduce fertility and so on. This is one of the means
of war used against the Muslim ummah by its enemies.
We ask Allaah to ward off the evil of those who
disbelieve and to thwart their plots against the Muslims.
And Allaah knows best.
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11565: Which is better, marriage or Hajj?
Question:
Which is better, to fulfil the obligation of Hajj or to
get married, for one who is single?.
Answer:
Praise be to Allaah.
If you fear that you may commit zina (fornication),
then you should give priority to marriage over performing
the obligatory Hajj and `Umrah. But if you do not fear
that you may commit zina, then you should give priority
to performing the obligatory Hajj and `Umrah over marriage.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 18/13.
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8805: She wants to marry a student like her and her
family doesn't agree
Question:
A men, who I think is a very good muslim and Allah
knows the best, has asked for my hand in marriage. I love
him very much but my parents disapprove of this
marriage for the following reasons. They think I am too
young. They think that he (we) will not be able to
support ourselves since both of us are students. They want me
to finish school (i am in my last year of high school)
and maybe even finish university before getting married
for they think that is i get married i will not complete
my studies. Please advise me on what i should do and
what right i have in this.
Answer:
Praise be to Allaah.
Shaykh Muhammad ibn Saalih al-`Uthaymeen (may Allaah mercy on him) was asked a similar question
and said:
The ruling on that is that it is contrary to the command
of the Prophet (peace and blessings of Allaah be upon
him). The Prophet (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." Undoubtedly your father's preventing you from
marrying one who is suitable is something that is haraam.
Marriage is more important than study, and it does not mean
that you cannot study, because the two can be combined.
What I advise my brothers who are the guardians of women
to do, is to let them complete their studies; a woman
may stipulate as a condition of her marriage that she be able
to continue studying until her studies are complete.
Fataawa al-Mar'ah al-Muslimah, 2/704-705.
Secondly:
With regard to what you mention about the situation
of the one who has proposed marriage and that he is still
a student, being a student is not regarded as an
impediment to marriage if he can afford to get married and to
spend on his wife on a reasonable basis.
But if his being a student means that he cannot afford
to get married and spend on his wife _ apart from
the unreasonable demands that some families make in
the conditions that they stipulate _ this is addressed by
the words of Allaah (interpretation of the meaning):
"And let those who find not the financial means
for marriage keep themselves chaste, until Allaah
enriches them of His Bounty"
[al-Noor 24:33]
Al-Qurtubi (may Allaah have mercy on him) said: In
this verse, Allaah commands everyone who is unable to
get married and cannot find any means of doing so to
keep himself chaste, because the most common obstacle
to marriage is lack of money. So Allaah promises independence of means by His bounty, so that He
will provide what one needs to get married or to find a
woman who will accept a small mahr, or else remove from
him the desire to marry." Tafseer
al-Qurtubi, 12/242
It should be noted that the mahr and maintenance are
the rights of the woman, not of her guardians. She has
the right to agree to a little and to marry one whom she
knows is poor, but it has to be pointed out that many
woman may agree to marry a man even though he is poor
when he proposes to her, then shortly after marriage the
woman may start to complain, and that leads to arguments
and divorce. This should be taken into consideration.
Thirdly:
We advise families and guardians not to be an obstacle
to keeping their daughters and female relatives
chaste because of the unreasonable conditions that they
stipulate regarding spending on the basis that they want to
be reassured about their daughters' future. This puts off
the men who want to marry them, which leads to them
being left on the shelf and the evils that result from
that, especially nowadays when fitnah (temptation) is
so widespread. Thus they harm themselves and their daughters when their intention is to do good.
We ask Allaah to set the affairs of the Muslims straight.
And Allaah knows best.
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33656: Muslim man marrying a chaste Christian woman
Question:
I would be most grateful for your help with the
following issue.
My daughter is a Christian (Woman of the Book) and
she would like to marry a Muslim man and she does not
want to change her religion.
They are both living in Singapore and I have been
told that in Singapore because the Muslim relogion is not
the dominant religion he cannot marry her unless she
becomes a Muslim. Is this the case? If it is not, can they both
be married in a Muslim wedding service even if my
daughter remains a Christian and could the Muslim man also
take part in a Christian wedding service after he has
been married according to the Muslim tradition.
I am sorry to submit such a long question but this issue
is causing considerable difficulties in our family and I
would like to have the correct Muslim law on this issue so I
can resolve the problem with the least upset to all. I
thank you in anticipation.
Answer:
Praise be to Allaah.
Islam does not prevent marriage to a Christian woman
if she is chaste. Allaah says (interpretation of the meaning):
"…The food (slaughtered cattle, eatable animals) of
the people of the Scripture (Jews and Christians) is lawful
to you and yours is lawful to them. (Lawful to you
in marriage) are chaste women from the believers and
chaste women from those who were given the Scripture
(Jews and Christians) before your time when you have
given their due Mahr (bridal-money given by the husband
to his wife at the time of marriage), desiring chastity
(i.e. taking them in legal wedlock) not committing
illegal sexual intercourse, nor taking them as girlfriends…"
[al-Maa'idah 5:5]
What is meant by chaste women is that they are free
(not slaves) and chaste (not loose or immoral).
See also question no. 2527
But if a woman is not chaste, and she has boyfriends
or lovers with whom she is intimate, then Islam
forbids marriage to her, whether she is a Muslim or a
woman from among the People of the Book, just as it
forbids marriage to a man who has girlfriends or lovers, to
protect married life from collapse and to protect against
mixing of lineages and to avoid causes of dispute, accusation
and suspicion.
With regard to the Muslim husband attending
marriage parties according to the Christian tradition, this is
not permissible because there will be many things in
these celebrations that are forbidden in Islam, such as
free mixing between men and women, listening to
music, drinking alcohol, dancing etc.
In the hadeeth the Prophet (peace and blessings of
Allaah be upon him) said: "Whoever believes in Allaah and
the Last Day, let him not sit at a table where wine is
being drunk." Narrated by Ahmad, 1/20; al-Bayhaqi, 7/366.
Al-Albaani said in al-Irwa', 7/6: it is saheeh.
We thank you for your noble feelings and this good
attitude and your keenness to ask about the Islamic rulings
on this matter.
We ask Allaah to help you and guide you to the
religion of Islam. Praise be to Allaah, the Lord of the Worlds.
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22897: Ruling on a woman letting a man know that
she wants to marry him
Question:
Islamically , Is it okay for a sister to let a brother (in
islam) know that she cherishes him and she has the intention
to get married to him? Is it considered to be bold approach?.
Answer:
Praise be to Allaah.
There is nothing wrong with a woman letting a man
know that in principle, however the woman should not
propose herself, rather it is better if that is done via her
wali (guardian) or someone else who can let the man
know. This is indicated by the fact that `Umar (may Allaah
be pleased with him) offered his daughter Hafsah in
marriage to Abu Bakr and `Uthmaan (may Allaah be pleased
with them).
Shaykh Dr. Khaalid al-Mushayqih (www.islam-qa.com)
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9694: Can a woman look for her life partner herself?
Question:
I have been accused repeatedly for finding a
boyfriend while wearing hijab. Personally i don't think wearing
a hijab should stop me from choosing a suitable
partner. When i found him, i showed him to my parents
asking for their openion on him. Some say "better not to
wear hijab at all than doing this". Am i right to say that
Islam does not prevent any girls from finding a suitable
partner and wearing hijab has nothing to do with it?.
Answer:
Praise be to Allaah.
Firstly:
The Muslim woman must know that she is obliged
to wear hijaab and observe proper Islamic hijaab at all
times. It is not permissible for a woman to make a wanton
display of herself (tabarruj). Tabarruj is a major sin for which
the one who does it deserves the wrath and punishment
of Allaah. A woman, as the saying goes, is a jewel, and
when she is shown to people and makes a wanton display
of herself she loses her value.
So I advise the questioner and every Muslim woman
to adhere to proper Islamic hijaab, which is pleasing
to Allaah and is an act of obedience to Him, and is a
means of Allaah guiding His slave and making things easier
for him.
Secondly:
With regard to marriage, it may be obligatory if a man
or woman longs for marriage and fears falling into
immoral ways. It is also the Sunnah of the Prophets (peace be
upon them). Allaah says (interpretation of the meaning):
"And indeed We sent Messengers before you
(O Muhammad), and made for them wives and
offspring"[al-Ra'd 13:38]
Thirdly:
There is a difference between a Muslim woman
looking for a husband and her mixing with and talking to men
for that purpose, and meeting by accident a man who
she thinks is a potential husband. The former is contrary
to modesty, for a woman is required to be of modest
character and shy, which is an adornment and beauty for
women; the virgin is the epitome of modesty as it says in
the hadeeth of Abu Sa'eed al-Khudri (may Allaah be
pleased with him): "The Prophet (peace and blessings of
Allaah be upon him) used to be more shy than the virgin in
her seclusion, and if he disliked something it would be
known from his face."
Narrated by al-Bukhaari, 5751; Muslim, 2320
A woman can do something better than that, which is
to make du'aa' asking Allaah to give her a good and
righteous husband. Du'aa' is one of the best things with which
a Muslim may equip himself and the best way in which
a Muslim may seek to meet his needs. She can also
speak to some of her Muslim sisters whose
religious commitment and honesty she trusts to tell her of
someone who can tell a young Muslim man who wants to
get married about a Muslim girl. This is better than her
doing something that is contrary to modesty.
Fourthly:
Undoubtedly the one who told you to take off the
hijab and that that is better than wearing it is wrong. How
can a woman give up her religious commitment and hijab
and ignore something that Allaah has enjoined upon her
and said that if she forsakes it then she will deserve the
wrath and punishment of Allaah and will not be granted
His support?
The Muslim woman must adhere to this virtue
which many Muslim women have forsaken, for it is the
symbol of the Muslim woman, a sign of her commitment,
sincere faith and piety.
I advise the sister to fear Allaah and to adhere to
hijab, and Allaah will help her and make her life easier for
her. And Allaah is the One Whose help we seek.
And Allaah knows best.
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21818: The situation of one who is illegitimate and
the ruling on marrying him
Question:
Is it true that our beloved prophet (peace and blessings
of Allaah be upon him) has strongly forbidden to
marry iligitimate person eventhough this person is very pious?
Answer:
Praise be to Allaah.
There are some ahaadeeth that condemn the
illegitimate child, but most of these ahaadeeth are da'eef (weak)
and are not saheeh (sound). It was narrated by Abu
Dawood in his Sunan (4/39) and by Ahmad in
al-Musnad (2/311) from Abu Hurayrah (may Allaah be pleased with
him) that the Prophets (peace and blessings of Allaah be
upon him) said: "The illegitimate child is the most evil of
the three" meaning more evil than his parents. Among
the scholars who classed this as hasan were Ibn al-Qayyim
in al-Manaar al-Muneef (133) and al-Albaani in
al-Silsilat al-Saheehah (672).
The scholars interpreted this hadeeth in a number of
ways, the most famous of which was that suggested by
Sufyaan al-Thawri, who said: it means he is the most evil of
the three if he does the same action as his parents did
(i.e., zina or adultery).
This was narrated from `Aa'ishah, who said that
the Prophet (peace and blessings of Allaah be upon him)
said: "He is the most evil of the three if he does the same
action as his parents did _ meaning the illegitimate
child." Although its isnaad is da'eef, it was interpreted in
this manner by the salaf, as stated above.
This interpretation is supported by the report narrated
by al-Haakim (4/100) _ with an isnaad of which
al-Albaani said, "It may be regarded as hasan" _ from `Aa'ishah
(may Allaah be pleased with her), that the Prophet (peace
and blessings of Allaah be upon him) said: "The
illegitimate child does not bear any part of his parents' burden of
sin. `and no bearer of burdens shall bear the burden
of another' [al-An'aam 6:164 _ interpretation of
the meaning]." (al-Silsilat
al-Saheehah, 2186)
Some scholars said that this hadeeth is to be
interpreted as meaning that there is some evil in most
illegitimate children because they are created from an evil
nutfah (sperm drop), and usually nothing good is created
from an evil nutfah. If a good soul comes out of this
nutfah then it will enter Paradise. This hadeeth is to be taken
as a general rule to which there may be exceptions. (See
al-Manaar al-Muneef, 133).
Hence Shaykh al-Islam Ibn Taymiyah (may Allaah
have mercy on him) said: "If an illegitimate child believes
and does righteous deeds, he will enter Paradise,
otherwise he will be punished for his deeds just like anyone
else. The punishment is for the deeds, not for the lineage.
Rather the illegitimate child is condemned because he is
expected to do evil deeds, as often happens. By the same
token, good lineages are regarded as praiseworthy because
such people are expected to do good deeds. But when a
person does a deed, then the reward or punishment is based
on that, and the most noble of people before Allaah are
those who are most pious. (al-Fataawa
al-Kubra, 5/83).
It says in Fataawa al-Lajnah al-Daa'imah: "If
an illegitimate child dies in Islam (as a Muslim), he will
enter Paradise, and his being illegitimate does not have
any effect on that, because that was not due to his own
actions, rather it was the action of someone else. Allaah
says (interpretation of the meaning):
`and no bearer of burdens shall bear the burden
of another'
[al-An'aam 6:164]
And Allaah says (interpretation of the meaning):
`Every person is a pledge for that which he has earned'
[al-Toor 52:21]
And there are other similar verses.
With regard to the words narrated from the Prophet
(peace and blessings of Allaah be upon him), `No
illegitimate child will enter Paradise,' this hadeeth is not saheeh.
It was mentioned by al-Haafiz Ibn Jawzi in
al-Mawdoo'aat, but it is one of the ahaadeeth that were fabricated
against the Prophet (peace and blessings of Allaah be upon
him). And Allaah is the Source of strength."
With regard to the ruling on marrying one who
is illegitimate, none of the reputable fuqaha' have stated
that this is haraam. However there was some difference
of opinion among the Hanbalis as to whether such a
person is compatible with a woman of good lineage. Some
of them said that he is compatible with her, and othesr
did not agree with that because that will be a source of
shame for the woman, because he will be her guardian, and
that would also affect her child. (See
al-Mughni, 7/28).
(al-Mawsoo'ah al-Fiqhiyyah, 34/282).
Shaykh Ibn Baaz (may Allaah have mercy on him)
was asked about a man who married his daughter to a
person who was apparently illegitimate _ what was the ruling
on that? He answered as follows:
"If he is Muslim, then the marriage is sound, because
the sin of his mother and the one who committed zina
with her does not rest on him. Allaah says `and no bearer
of burdens shall bear the burden of another'
[al-An'aam 6:164 _ interpretation of the
meaning]. And there is no shame on him because of their action, if he
adheres steadfastly to the religion of Allaah and develops
good characteristics, because Allaah says
`O mankind! We have created you from a male and
a female, and made you into nations and tribes, that
you may know one another. Verily, the most honourable
of you with Allaah is that (believer) who has AtTaqwa
[i.e. he is one of the Muttaqoon (the pious)]. Verily, Allaah
is AllKnowing, AllAware'
[al-Hujuraat 49:13]
And the Prophet (peace and blessings of Allaah be
upon him) said, when he was asked who is the most noble
of people, `Those who are most pious.' And he (peace
and blessings of Allaah be upon him) said: `If a
person's actions make him less worthy than others, his lineage
will not make him more worthy.'"
From Fataawa Islamiyyah, 3/166.
And Allaah knows best.
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Sheikh Muhammed Salih Al-Munajjid
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11885: `Azl (coitus interruptus) and using birth
control pills
Question:
according to Jabir radiyaahu canhu said: "we use to
do cazli while Quran is revealing and Prophet did
not prohibit? my question is as follows
1- Is it allowed to use a condom/pill?
2- if so what is the conditions?
3- what type of niyyah do we need to have at
performing either or both"Condom/Pills/cazli?
4- Why the Companion doing this?
Answer:
Praise be to Allaah.
Firstly, what the Muslims should do is to try to have
as many children as they can, because this is the
command of the Prophet (peace and blessings of Allaah be
upon him), who said: "Marry the one who is loving and
fertile, for I will be proud of your great numbers before
the nations." (Narrated by Abu Dawood, 2050; classed
as saheeh by al-Albaani in Saheeh Abi
Dawood, 1805).
Having more children increases the numbers of
the ummah, and increasing the numbers of the ummah is
a source of its glory, as Allaah says, reminding the
Children of Israel of His blessings:
"and made you more numerous in manpower"
[al-Isra' 15:6 _ interpretation of the
meaning]
And Shu'ayb said to his people:
"And remember when you were but few, and He
multiplied you"
[al-A'raaf 7:86 _ interpretation of the
meaning]
No one can deny that having a large number is a
source of pride and strength for the ummah, contrary to
what those pessimists think who say that large numbers
causes poverty and starvation in a nation.
If the ummah increases in number, puts its trust in
Allaah and believes His promises as mentioned in the aayah,
"And no moving (living) creature is there on earth but
its provision is due from Allaah"
[Hood 11:6 _ interpretation of the meaning], then
Allaah will make things easy for them and will grant
them independence of means from His bounty. Based on
that, the answer to your question is as follows:
Birth control pills:
A woman should not use birth control pills, unless
the following conditions are met:
1- She should need to use them, for example if she is
ill and cannot cope with a pregnancy every year, or she
is physically unfit, or there is some other reason that
getting pregnant every year may harm her.
2- Her husband should give his permission, because
the husband has the right to have children. There must
also be consultation with the doctor, to find out whether
these pills are harmful or not.
If these two conditions are met, there is nothing
wrong with taking these pills, but that should not be on
a permanent basis, because that means preventing
having children.
With regard to `azl (coitus interruptus), or
withdrawing during intercourse, the correct scholarly view is that
there is nothing wrong with it, because of the hadeeth of
Jaabir (may Allaah be pleased with him): "We used to
practise `azl at the time when the Qur'aan was being revealed"
_ i.e., at the time of the Prophet (peace and blessings
of Allaah be upon him). If that action had been haraam,
the Prophet (peace and blessings of Allaah be upon
him) would have forbidden it. But the scholars say that
one should not engage in `azl with a free woman except
with her permission, because she has the right to have
children. Moreover, withdrawing without her
permission diminishes her pleasure, because the woman's
pleasure can only be completed after ejaculation. So not
asking her permission causes her to lose out on pleasure and
on the possibility of having children. Hence we state
the condition that this may only be done with her permission.
From Fataawa al-Shaykh Muhammad ibn `Uthaymeen.
From Fataawa Islamiyyah, vol. 3, p. 190.
Thirdly: the reason why the Sahaabah engaged in
`azl was because they did not want the woman _ especially
a slave woman _ to get pregnant, so that they could
continue to enjoy a physical relationship with them and the
woman would still be able to do their work. Abu Dawood
narrated that a man said, "O Messenger of Allaah, I have a
slave woman and I engage in `azl with her, because I do
not want her to get pregnant, but I want what men want.
But the Jews say that `azl is a lesser form of infanticide."
He said, "The Jews are lying. If Allaah wants to create
(a child) you cannot prevent that." (Narrated by
Abu Dawood, Kitaab al-Nikaah, 1856; classed as saheeh
by al-Albaani in Saheeh Abi Dawood, 1903).
Islam Q&A
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10140: If they agree on khula', does the husband have
the right to change his mind?
Question:
If a man agrees to grant his wife a divorce by khula',
on the basis that she will return the mahr to him, then
before she gives him the mahr the husband wants to change
his mind, does he have the right to do that?
Answer:
Praise be to Allaah.
If he has indeed divorced her by khula', in the sense
that the marriage has been annulled and there is nothing
left to be done except handing over the compensation
(i.e., the mahr), then he has no choice in the matter, even if
he has not yet taken back the mahr. But if they have
agreed to khula' without yet having the marriage annulled,
rather they have agreed that he will let her go when she
hands over the mahr, then this does not mean that the
marriage has been annulled, rather it is promise to annul it. So if
it has not yet been annulled, then he has the right to
change his mind and not do that which he had intended. If he
had said, "If you give me the mahr you will be free (I
will give you khula')," then according to the Hanbali
madhhab he does not have the right to change his mind.
But according to Shaykh al-Islam Ibn Taymiyah, if he has
not yet taken back the mahr then he has the right to
change his mind. In order to be on the safe side, if the
latter scenario has taken place and they want to get
back together, they should make a new marriage contract so
as to put themselves beyond any area of scholarly dispute.
Fataawa al-Mar'ah al-Muslimah, 2/785; fatwa of
Shaykh `Abd al-Rahmaan al-Sa'di. (www.islam-qa.com)
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22446: His family want him to marry a girl who is
not religious and they say that she will change in time
Question:
Im 27 years old and have been looking for a wife for
past two years....there are not many muslim girls in
my country...My parents would like for me to marry one
of the musim girls here ....hiwever she does not pray
much nor wear niqab. they said that inshallah shell change
when she comes into our environment.My problem is that
there are not many choices in my country only 1500
muslims here. Do u recmmend that i marry this girl?
Answer:
Praise be to Allaah.
The Prophet (peace and blessings of Allaah be upon
him) commanded the one who wants to get married to look
for a religious woman. He (peace and blessings of Allaah
be upon him) said: "A woman may be married for four
things: her wealth, her lineage, her beauty or her
religious commitment. Look for the one who is religious, may
your hands be rubbed with dust (i.e., may you prosper)."
A wife is a life-long companion, and she will take care
of his household and all his affairs. She will be the one
to bring up and teach his children. Religious
commitment is the thing that makes a woman chaste and keeps
her away from bad things. So you must choose a wife
from among those women who are religiously-committed
and fear Allaah.
What I think you should do is to strive to influence
her and make da'wah to her through your family or some
of your mahrams so that she will improve and adhere to
the straight path. If she adheres to the straight path
and improves, then marry her.
Otherwise, I think that you should look for someone
else, for you have no guarantee that you will be able to
influence her; she may not respond, or you may be influenced
by her, for no matter how much faith and taqwa (piety)
a person may have, he is still human and is still subject
to change or influence.
Shaykh Muhammad al-Duwaysh.
(www.islam-qa.com)
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