Showing posts with label nikkah. Show all posts
Showing posts with label nikkah. Show all posts

Wednesday, December 9, 2009

Marriage with the Intention of Divorce

Marriage with the intention to divorce

Shaykh Saalih ibn Fowzaan al-Fowzaan

Reference: Fatwa No.38215 http://www.alfawzan.ws/AlFawzan/bookTabs/tabid/70/Default.aspx?mode=title&PageID=38215

Category: Marriage

What is the ruling regarding marriage with the intention to divorce, bearing in mind there is no such agreement between the man and the woman, and the woman is unaware of this (i.e. that she is entering a marriage where the man intends - from the outset - to divorce her)?

This is deception on the part of the husband. She did not marry him upon this (intention), (rather), she married him on the basis that this will be a lasting marriage. So if he conceals this intention, then he has deceived her. Deception is not permissible, (and) marriage with the intention to divorce is not permissible for that which entails therein (much) evil and corruption. Now, those who travel to the Far East and get married every night, they marry and divorce, marry and divorce – much evil and corruption has ensued from that, so this is not permissible.

Translator: Mohammed Akhtar Chaudhry, Abu Abdullaah

Date Published: Friday, 04 September 2009

Tuesday, September 29, 2009

Choosing The Desired Wife

Choosing The Desired Wife
By: Ibrahim Abu Khalid

http://www.quraan.com/

All praise is due to Allah, Lord of the worlds, the Merciful, the Hearer of supplications, and peace and blessings upon our beloved and humble prophet Muhammad,and upon his family and companions.

When marriage is spoken of during these "modern" times, Muslims become horrified, conjuring images of an arranged marriage, trying to find that "perfect" companion, how much of a financial burden it will become, and so on. The reality is that Islam came to solve these problems, not exacerbate them, yet unfortunately we have integrated our local traditions and customs with Islam so that marriage has become a major concern for a man rather than a delightful experience.

When living in a free, perverted and corrupt Western society, the Muslim male youth finds many temptations and tests, as a result of mixing with females, which he must face and overcome. He must constantly resist these temptations, which are thrown at him in the streets, on the media, and at work. And so the wisdom of the Prophet (SalAllaahu alaihe wa sallam) echoes on, when he said: "O young men, those among you who can support a wife should marry, for it restrains the eyes from casting (evil glances), and preserves one from immorality..."

When seriously considering marriage, you must pose the question to yourself as to just what kind of wife you want, what her qualities should be in order to establish an Islamic and peaceful household, and how you will know who she is.

As Muslims, we believe that Allah wants the best for us, and that His Prophet (SalAllaahu alaihe wa sallam) illustrated this through his own life. So note that by following the advise of our own Creator, and that of His beloved servant, we can only be successful.

WHO TO MARRY

Islam is clear on the kind of wife you should be seeking. The Prophet (SalAllaahu alaihe wa sallam) said: "A woman may be married for four reasons: for her property, her status, her beauty, and her religion; so try to get one who is religious, may you be blessed." This specifically defines just what kind of a companion we are seeking, for if we marry her for anything other than her religious piety, our marriage is bound to fall into misery.

True, beauty and charm is hard to resist, yet beauty does not last forever and does not guarantee you her obedience and religiousness. Financial status is dynamic, and so is worldly status, yet religion strongly establishes a household, and it may be that through your intention of marrying her for her religion, the rest is given to you anyway. In another hadith, the Prophet (SalAllaahu alaihe wa sallam) said: "The whole world is a provision, and the best object of benefit of the world is the pious woman." Imagine! Nothing in this world is as valuable as a pious woman! This point has been stressed many times by Rasulallah (SalAllaahu alaihe wa sallam), who himself, when asked what three things he loved the most, mentioned a pious woman. Once the following ayah was revealed: "They who hoard up gold and silver and do not spend it in the way of Allah, unto them give tidings of a painful doom. On that day when it will (all) be heated in the fire of Jahannam, and their foreheads and flanks and their backs will be branded therewith (and it will be said to them): 'Here is what you hoarded for yourselves, now taste of what you used to hoard' "[al-Taubah: 34-35]. Umar (RadiAllaahu anhu) has been quoted to say that, when this ayah was revealed, he approached the Prophet (SalAllaahu alaihe wa sallam), submitting that the ayah weighed heavily on the minds of the Sahaba. Rasulallah (SalAllaahu alaihe wa sallam) replied that the best thing to be treasured is the devoted wife who causes pleasure when seen, obeys orders instantly and takes full care of herself and her husbands property when he is away. Abu Bakr once asked Rasulallah (SalAllaahu alaihe wa sallam) what was the best thing to be treasured, and he (SalAllaahu alaihe wa sallam) replied: "the tongue in remembrance of Allah, the heart filled with thanks to Allah, and a pious wife who helps in virtuous deeds". Look at how valuable such a woman is in the sight of Allah! How can a man live unhappily with such a person.

QUALITIES OF THE PIOUS WOMAN

Alright, you say, you've convinced me, but what actually makes her a pious woman? The answer is simple: Allah himself has described those qualities most loved by Him in the Qur'an, and in the ahadith there are numerous accounts of the virtuous attributes of a pious woman.

The following are some ayahs on the attributes of the wife you should be seeking, so note those fine and appreciative qualities. The following are some ayahs on the attributes of the wife you should be seeking, so note those fine and appreciative qualities. "And women of purity are for men of purity, and men of purity are for women of purity"[s.24;v.26]

"Therefore the righteous women are devoutly obedient, and guard in (the husbands) absence what Allah would have them guard"[s.4;v.34]

"It may be, if he divorced you (all), that Allah will give him in exchange consorts better than you, who submit (Muslims), who believe, who are devout, who turn to Allah in repentance, who worship (in humility), who travel (for faith) and fast..."[s.66;v.5].

And then, in surah Ahzab, is a full list of those qualities loved by Allah, qualities which by the way should be evident in both males and females. So, my dear brother, choose her for the following attributes:

A Muslim woman

A believing woman

A devout woman

A true woman

A woman who is patient and constant

A woman who humbles herself

A woman who gives charity

A woman who fasts and denies herself

A woman who guards her chastity

A woman who engages much in Allah's praise.

Among the four known perfect women was Maryam. She was loved by Allah because of her religious qualities: "O Maryam! Worship your Lord: prostrate yourself, and bow down (in prayer) with those who bow down"[s.3;v.43]. Another was the wife of Pharaoh: "And Allah sets forth, as an example to those who believe, the wife of Pharaoh: behold she said: 'O my Lord, build for me, in nearness to Thee, a mansion in the Garden' "[s.66;v.11].

The Prophet (SalAllaahu alaihe wa sallam) loved his wives because of their religious qualities. Aisha once related the fine qualities of Zainab: "(Zainab) was the one who was somewhat equal in rank with me in the eyes of Allah's Messenger (SalAllaahu alaihe wa sallam), and I have never seen a woman more advanced in religious piety than Zainab, more God-conscious, more truthful, more alive to the ties of blood, more generous and having more sense of self-sacrifice in practical life and having more charitable disposition and thus more closer to Allah, the Exalted, than her." Ahh, you think, but you'll never find such a woman! Well, if that was true, Allah would not have described her in the first place, and furthermore those qualities were emanating from the women described above. Islam deals with reality, not fiction. Sure, the perfect woman doesn't exist, yet "if you take a dislike to them, it may be that you dislike a thing, and Allah brings about through it a great deal of good"[s.4;v.19]. Remember also that you are not perfect either.

KNOWING WHO SHE IS

To find that pious woman, there are two steps to be taken, and that first one relies on your personal observation. In surah Nisaa, Allah asks the believing women that they should "lower their gaze and guard their modesty; that they should not display their beauty and ornaments," and also that they "should not strike their feet in order to draw attention to their hidden ornaments"[s.24;v.31]. If you notice a woman acting modestly, being not too obvious through her actions (by lowering her voice when around men), one who attempts to hide her attractions (which includes her external beauty as well as her internal charms), then you know she has some of those precious qualities. When you see a woman unashamedly flirting, unconcerned about her revealing clothes, and freely converses with males- keep far, far away. I'm sure when you get married you want your wife to devote her love to you, not to twenty other "just good friends".

Through simple observation, you can get a glimpse of her nature; for example, the way she stands when conversing, how she maintains eye-contact, her clothes, where she spends her time etc. Look for her strong points, and don't stress on her weak ones.

Yet, after all this, we still have to come to the most important topic. You can look all you want at her, set a private investigator to track her movements, read her diaries (all of which I consider extreme and un-Islamic), yet, my dear brother, no-one knows her heart and intentions, no-one knows whether she will turn sour or more religious, or whether you are suitable for each other, except for Allah.

TRUST IN ALLAH

We are choosing our wife for her permanent values; namely her religious devotions, moral integrity, character etc. But believe me, if we try ourselves to combine a marriage, we are almost sure to fail, because we have no knowledge.

Allah loves a servant when he puts his trust in Him. When we do so, it is illustrating how we rely upon Him for help, and proving our sincerity to Him, establishing that we recognize His infinite knowledge and wisdom.

Islam is likened to being as a house, and in my estimation nothing cements that house together as well as putting our trust in Allah.

It is related on the authority of Jabir ibn 'Abdullah that the Prophet (SalAllaahu alaihe wa sallam) used to teach his companions to seek, through a special du'a (known as an istikharah), the guidance of Allah in all matters which affected them. Rasulallah (SalAllaahu alaihe wa sallam) said: "When you are confused about what you should do in a certain situation, then pray two rak'at of nafl salaat and read the following du'a (du'a of istikharah)."


I am surprised at the criticisms thrown at this du'a, and of its negligence. We are humans, powerless in this sphere of life, knowledgeable only enough to survive. So why shouldn't we turn to Allah and seek His perfect help whenever we require it? Allah responds to the call of His servant when he asks for guidance, and we are after all seeking to do something in order to please Him.

Many wrong notions exist concerning istikharah. Many Muslims will pray, read the du'a, and run to bed expecting to see a dream showing them their future wife, what her favourite colour is, and some other weird fantasy. That is not the purpose of this salaat.

The results of an istikharah can take many forms. Basically, you go by your feelings, whether you now feel more favorable or not. Also, you may notice events have changed, either for or against you. Finally, as a wonderful gift from Allah, you may be blessed with a dream. Note that you must follow the results of an istikharah, because not doing so is tantamount to rejecting Allah's guidance once you've asked for it. Also, you should firstly clear your mind, not have your mind already decided, and then afterwards follow the results willingly.

The Prophet (SalAllaahu alaihe wa sallam) once sent Zainab a proposal of marriage. She refused to accept the proposal straight away, expressing her intention to refer the matter to Allah: "I do not do anything until I solicit the will of my Lord." Allah, the Responsive, answered her plea for help and revealed an ayah approving of the marriage. We may seem shocked at her refusal to accept a proposal from what is the best husband any woman can have, yet she was just recognizing that it is Allah who knows how successful such a marriage will be, and as a sign of appreciation, that reply is now preserved in our Holy Book: al Qur'an.

The Prophet (SalAllaahu alaihe wa sallam) once said to Aisha: "I saw you in a dream for three nights when an angel brought you to me in a silk cloth  and he said: 'Here is your wife', and when I removed (the cloth) from your face, lo, it was yourself, so I said: 'if this is from Allah, let Him carry it out' ". 

Marriage is a serious step, and requires the right attitude. If marriage completes half our faith, shouldn't that half be the best half? A woman married for the wrong reasons can only weaken the Muslim household. Consider that she will be your life-long companion, the bearer of your children. Don't marry her for her worldly wealth, but for her wealth in Islamic wisdom and knowledge. Her status in this life is but illusionary, so choose her for her status in the sight of Allah. Beauty is but superficial, but the beauty of Iman is transcendent. 
When asking Allah for a wife, call upon Him by His beautiful names, as He has commanded us: "For Allah are certain and dignified names: therefore call upon Him by them"[s.7;v.189]. Ask for a companion who is devout, pious, patient and so on. Be among those who say: "Our Lord, may our spouses and our offspring be a joy to our eyes and make us leaders of the righteous"[al-Furqan,74].

I cannot provide a better conclusion than saying that you must put your trust in Allah. You must have trust in His concern for us, and His ability to help us. Allah says: "Put your trust in Allah, for Allah loves those who put their trust in Him"[s.3;v.159]. 

May Allah help us in our sincere efforts in following His commandments and the way of His beloved servant, and provide us with wives whom He loves. "When my servants ask you concerning Me, I am indeed close (to them): I respond to the prayer of every supplicant when he calls on Me: let them also, with a will, listen to my call, and believe in Me: that they may walk in the right way"[al-Baqarah,v.186].

Saturday, September 26, 2009

Choosing a Husband

Choosing a Husband

Question: What are the most important matters which should form the basis for a woman to choose a husband, and does refusing a righteous person for worldly reasons bring Allaah's punishment upon her?

Answer: The most important attributes which a woman should seek in one proposing marriage are good character and Deen (Practice of the Religion). As regards wealth and lineage, then these are secondary matters. The most important thing is that the one proposing the marriage should be good in the Deen and in his character - since regarding one possessing Deen and good character, she will not lose out in any respect: if he keeps her, then he will do so in a good manner and if he releases her, he will do so in a good manner. Furthermore, the one possessing Deen and good character will be a blessing for her and her children and she will learn good manners and the Deen from him.

But if the person is one who does not have these attributes then she should avoid him - especially those who are negligent about the prayers, or one who is known to drink intoxicants - and Allaah's refuge is sought... So what is important is that the woman should concentrate on good character and practice of the Deen. As regards lineage, then if it is attainable additionally, then that is more fitting, since Allaah's Messenger (sallallaahu ’alayhi wa sallam) said: If there comes to you one whose Deen and character is pleasing then give [the woman] in marriage to him

However if one who is also similar in standing is found then that is better.


Shaikh Ibn Uthaimeen in Fataawal-Mar'ah Vol. 1. p.50

Wednesday, September 16, 2009

Marrying non-Muslim Women



Question:

What is your advice concerning some Muslim minorities marrying disbelieving women who do not believe in the existence of a Creator and what is the effect of that upon the children?

Response:

My advice to all Muslims is that they should not marry anyone who is not a Muslim. A Muslim man should do his utmost to marry a Muslim woman because that will be good for him, both in the life of this world and in the Hereafter and good for his children as well. With regards to marrying kuffaar, if they are not from the People of the Book, the Jews and Christians, then, according to clear text and consensus of the scholars, it is forbidden.

According to a consensus of the scholars, it is not permitted for a Muslim to marry Buddhists, communists, atheists and so forth. Allaah (Subhaanahu wa Ta'aala) says:

{And do not marry idolatresses until they believe.} [Soorah al-Baqarah, Aayah 221]

Concerning the Settlement of Hudaybiyah, Allaah (Subhaanahu wa Ta'aala) ordered that the believing women, who came seeking emigration to the Prophet (Sal Allaahu alaihe wa sallam) should not be returned to their disbelieving husbands. He (Subhaanahu wa Ta'aala) says:

{They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.} [Soorah al-Mumtahinah, Aayah 10]

It is, therefore, not permitted for a Muslim to ever marry a kaafir woman unless she is from the People of the Book and they are the Jews and Christians o­nly. They are considered the People of the Book if they have remained upon the teachings of their Book. However, if they have become communists or deny the existence of a Creator, they are no longer People of the Book, but rather they have become atheists.

If, however, they are from the People of the Book, adhere to the teachings of Christianity or Judaism and believe in Allaah and the Resurrection, then they can be married. This is provided that they are known to be chaste and it is known that they do not commit adultery or fornication. Allaah has made lawful for us chaste women from the People of the Book. He (Subhaanahu wa Ta'aala) says:

{All good things are made lawful for you this day. The food of the People of the Book is lawful to you and your food 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 you, provided that you give them their dowries and live in honour with them, neither committing fornication nor taking them as mistresses... } [Soorah al-Maa'idah, Aayah 5]

Allaah has made lawful for Muslims chaste and virtuous women who are free and not slaves. There is no harm, therefore, in marrying women from the People of the Book, if the need arises. However, to refrain from doing so and to marry Muslim women is preferable and advisable, especially nowadays.

The risk involved in marrying them these days is greater because they have control and power over husbands and might, therefore, lead their husbands or their children to kufr in Allaah. My advice to all my brothers everywhere is, that they should not marry non-Muslim women and that they should be aware of the risks and end result of doing so. Rather, they should do their utmost to marry Muslim women and to educate and guide them to what is good. This is safer, especially at this time when evil and wickedness has increased. The kuffaar have today gained the upper hand over the Muslims, and women in the countries of the kuffaar have power and authority and dominate their Muslim husbands and try to attract them and their children to their false religion.

And there is no power, no strength except with Allaah!

Shaykh Ibn Baaz
al-Aqalliyaat al-Muslimah - Page 29, Fatwa No.5

Wednesday, July 1, 2009

Marriage with the intention to divorcing after a Time Period

Marriage with the intention to divorcing after a Time Period.
Question:

A person is going abroad to study and he wants to protect his chastity there by getting married for a specific period of time. Afterwards, he will divorce his wife although he does not inform her that he is planning on divorcing her after a specific time period. What is the ruling concerning such behaviour?
Answer:

Marriage with the intention of divorce must fall into one of two cases.

First, it is explicitly stipulated in the marriage that the marriage is for a month, a year or until he finishes his studies and so forth. This is known as Mut'ah. This is forbidden.

The second case is where the person has that as his intention [in his heart] but it is not put as a stipulation in the contract. The widespread opinion among the Hanbalis is that that is forbidden and that the contract is void. They say that what is intended is equivalent to what is actually stipulated, since the Prophet (sallallaahu ‘alaihi-wasallam) said,

"Indeed actions are based upon intentions and for everyone is what he intended." [1]

They also say that if a man marries and plans on divorcing a thrice-divorced woman simply in order to make her permissible for her previous husband, that marriage is not valid even if what was intended is not stipulated in the marriage contract. Again, this is because what is intended is like what is stipulated. So if the intention of making the wife “legal” for her previous husband makes the contract null and void, the intention to perform [something similar to] Mut'ah also makes the contract null and void.

The second opinion among the scholars is that it is permissible for the man to marry that women with the intention that he will divorce her after he leaves her land, such as those who got o the West to go to study or for other purposes. They say that it is sound because it is not stipulated in the contract and this distinguishes it from Mut'ah. Furthermore, in the case of Mut'ah, as soon as the period finishes, the two are separated whether they still want that or not. In this case, though it could be the case that he desires his wife and decides to remain with her. This is one of the opinions of held by Shaykhul Islaam ibn Taymiyyah.

In my opinion, such a marriage is not Mut'ah since it does not meet the definition of Mut'ah. However, it is still forbidden since it is a type of deception of the wife and her family. The Prophet (sallallaahu ‘alaihi-wasallam) has forbidden deception and mendacity. If the women knew that the man only intends to be married with her for that specific time, she would not agree to the marriage nor would her family. In the same way, he would not be pleased to marry his daughter to a man who intends to divorce her when he has fulfilled his need from her. How can he be pleased with doing to others what he would not be pleased to have done to himself? This goes against the foundation of faith.

The Prophet (sallallaahu ‘alaihi-wasallam) has stated,

"None of you truly believes until he loves for his brother what he loves for himself" [2]

I have also heard that this opinion has led some people to do something that none of the scholars would be in agreement with. That is, some people travel to such lands with the sole purpose of performing such a marriage and then they return to their countries. This is also a greatly forbidden act.

Therefore, one must close the door that leads to such a possible practice. Furthermore, the act contains deception and cheating. It opens a very dangerous door since people, in general are ignorant and most of the peoples desires will not keep them from violating what Allah has prohibited.

________________________

[1] Recorded by al-Bukhari and Muslim.

[2] Recorded by al-Bukhari and Muslim.

Shaykh Muhammad bin Saalih al-`Uthaymeen
Islamic Fatawa Regarding Women - Darussalam Pg. 190-192
http://www.fatwaislam.com