Questions: Family
1) Are birthdays haram to celebrate (darajat al tahreem?).
It is prohibited because it is imitation of the kuffaar and violation
of the restriction on the Sunnah concerning eeds. This was dealt with in
three different articles in Hudaa in the last two years, one of them titled
"Birthdays?"
2) From Aqeedah #115-16, it would appear family members who are non-Muslim
deserve respect, kindness, but not intimacy and love. Their religion is
also not to be approved of (this is an item in itself). Is this what is
claimed? If so, I can see only tension proceeding from such a relationship,
for it is by design one frought with tension.
True. But the tension is not caused by the Muslims. Rather, by the non-Mulsim
relatives who, as described by Allah (in the meaning): "Neither the
Christians nor the Jews will be satisfied with you until you follow their
religion." Muslims maintain kindness as a way of Da`wah, and to be
good to those who were good to them.
3) According to the verse towards the end of surah Al-Baqara, if
a Muslim were to borrow money from another Muslim (in other words it is
a "dayn")then they should put it in writing, as well as including
the terms of payment and have two people witness it.
True
Does this apply to dealings between Father & Son or Brother &
Brother (i.e. first degree relatives)? Does for example the son of a Muslim
have to put in writing what he borrowed from his Father?
Yes
If so, then what can be done if the Father refuses to accept such
a setup and considers that there is no need for it? Likewise between brother
& brother or brother & sister. (I mean real blood brothers)
You try your best to convince them to do it, without insisting too much
as to cause hard feelings between the close relatives that offset the gain
attained by applying that command.
next message
I have just read the questions and answers regarding lending money
to your parents. Would it be better to give them money rather then borrow
it. What I mean is our parents have fed us, clothed us and given us money
to spend etc ... Now that they require money from us, shouldn't we give
rather then borrow them some money. Also wouldn't this be wiser and showing
more respect?
This question is not clear (English-wise). Anyways, it is definately
better to give money to parents than to lend it to them. In fact, they
own us and our money, as in the Prophet's hadith (You and your wealth belong
to your father).
4) My questions concern taking on more than one wife. What are the
man's rights to his first wife if he decides to take another wife?
His responsibility is justice and equity toward both/all his wives.
What are the rights of the wife in this situation?
The wife's responsibility is same as if she was the only wife.
Also if you would tell me where I can find the proof in Qur'aan and
Hadith for the answer. Is it permissible to take another wife without telling
the first wife and the marriage be halal?
It is permissible but cowardly and deceiptful. It could result in mistrust
and other future problems.
5) >At what point is it appropriate to divorce if one of the partners
>is not truly committed to the deen?
As soon as it becomes clear that the partner commits major sins like
neglecting the prayers or drinking.
6) Recently there was a case in India in which the father was ordered
by the civil court to provide maintenence to his son living with his divorced
wife. My question is whether the child is entilted to maintenece from the
father regardless of where he lives? No doubt the divorced wife can't get
maintenence from her ex-husband, but what about the children?
Yes, they are the father's responsibility. However, he is required to
maintain them in a way comparable to his level of living.
I read that according to the Shariah, the children go to the mother
after divorce,
There are exceptions to this.
but if the father is not claiming them, then what is the situation?
They go to father's next of kin.
7) It is general belief that Walima is given as a celebration of
the consummation of the marriage. Is it true?
No clear indication in Sunnah. It is held on the occasion of marriage.
And since the consummation followed immediately, then you can conclude
this. Thus, if the marriage contract is written, and the marriage is not
consummated until one year later, the walimah is held at that later time.
When I got married, I didn't have the slightest hint about all these
formalities. Alhamdulillah, my husband didn't believe in the above notion.
Not clear which notion you mean.
He said that in India, there is a belief that if the marriage is
not consummated within the period of the hosting of the Walima, the Nikaah
becomes haraam.
Absolute nonsense.
It was a total shock as to how can poeple belive in such vague ideas.
Is there any Hadith which covers this topic (the period permissible without
consummating etc...)?
No
8) A close friend of mine recently got a divorce. She made this decision
as her last resort, and after reading Istikhara prayers. I can safely say
she did her best to keep her marriage strong, but unfortunately, the guy
didn't. They both went for marriage counseling by a Muslim psychiatrist
in their community and sought the advice of their local Imam. My question
is this, they both live in the same community, both prestigous and respectable
families, how do you stop people [in the community] from spreading rumors,
and blaming my muslimah friend when the only people who really knows what
went on are families, local imam,and their psychatrist? If you can't stop
people from talking, then what can she, and the rest of us, do? She is
tolerating it very much, keeping her cool/patience,and always asking Allah
SWT for forgiveness, mercy and help.
That is a wide question that we can suggest no simple answer. Backbiting
and gossiping is one of the greatest sins that somehow Muslims seem to
find for themselves excuses to do. A suggestion would be to ask the imaam
to give a series of talks on this subject during khutbas, gatherings, etc.
9) Is a court marriage (in the USA with 2 or more male muslim witnesses)
considered a Nikkah (both families have consented to the marriage, but
say that the nikkah will be later, the cultural way)? Which one is considered
a nikkah?
The consent of the two parties (ijab and qabul) should be done formally
according to the Islamic teachings. If this is done in a kaafir court with
the requirements of wali, witnesses, offering and acceptance, fulfilled,
then it holds, otherwise it does not.
10) Here is the situation. After I got married, I asked my wife to
move out from her parents to live on our own apartment. She told me to
give her time. Now it has been two years, we have seven months old son.
I asked her again about to move to our apartment. She said, give her more
time. How much time do I have to give her? She is 27 yrs. old. She some
times asked me to move out with my 7 months old son and she would stay
with her parents. She does not care about the marriage. She still want
to be with her parents. My wife does not want to pratice salat (pray) and
cover her hair yet. How much longer do I have to put up with her? I fear
allah. I do not know what to do? I pray to allah to guide me and my family
to the straight path every day, and I still do not what to do. What is
your sugestion?
It is an obligation on the wife to obey her husband in anything that
is not wrong. So, if you want her to live with you, she must obey - unless
your apartment contains some haraam such as mixing with non-mahram relatives,
etc.
As for salaah and hijaab, they are obligatory in Islam. The one who
does not pray is a kaafir by the text of the authentic hadeeth. And the
one who allows his wife to be looked at and enjoyed by other men's eyes
is a dayyouth (one without jealousy); an authentic hadeeth states that
such man will never smell the Jannah.
So you should advice her in a kind and correct way, or have one more
knowledgeable to do so. Once she understands the graveness of her deviation,
you should give her an ultimatum to either pray and cover herself, or be
divorced.
11) Here is the situation. I have been married for two years and
have a seven months old son. Since I got married my wife does not practice
religion. I mean she does not put on hijab and does not practicing salaat.
Now she is filing a divorce at the court. I fear Allah so much,but I do
not know what to do. I live with her parents. I 'm just waiting to see
what is going to happen. Here is the question. Should I move out? Do you
have any sugestion on this issue. Please reply me in the question section.thanks.
We recently answered a very similar question in some detail. Briefly,
you should have given her advice and teachings, and if she insisted on
her disobedience to Allah, you should have been the one to initiate divorce.
If you are a true Muslim, you should not accept living with a woman who
is not practicing Salaah, which is an act of Kufr.
12) Many among the Muslim youth pay little attention to the rights
of parents and the gravity of the sin involved. But equally some Muslim
parents pay little attention to the rights of the children. A distressed
brother told me that all through his childhood his mother showed little
affection to him and his sister and used to beat them for mistakes that
others parents would look over. His mother always pours scorn over him
and in times showing pity with him because he did not do too well in an
exam the mother further dimoralises him by pouring ridicule on him. Even
when he practices the Deen by attending the circles of knowledge, growing
the beard and his sister wear the full black jilbaab the mother ridicules
this as fanatism preferring the cultural Islam. The brother feels very
depressed 'cos of the little love shown by the mother and father Are there
any articles or works written by the ulema on the subject matter of the
rights of children?
This is very unfortunate. The parents need tarbiyah as much as their
children, or even more. For example, the Prophet (pbuh)said: "He is
not of us who does not respect our elders, have mercy on our youth, and
value our learned ones." Al-Quran was-Sunnah's Eighth Convention (Dec
94) dealt with the topic of tarbiyah for the whole Ummah. The tapes are
available from our bookstore. Some of the lectures have been transcribed,
but we do not have full records of them. A few articles dealing with this
subject will be published in our magazines, starting with one on children
education in the next issue (Aug/Sep 96) of Al-Muminah.
13) Can my husband (we're both Muslim) hug my mother who's non-Muslim?
I told her they cannot, but am I correct? Can I hug my husband's father
(whom I haven't yet met)?
She is like his own mother. And your father-in-law is like your father.
Both are permanently prohibited to both of you. Both are mentioned in qur'an
(4:24).
14) I have come across a case where the couple are looking into divorce.
They have two children of ages 9 and 7 years. I have heard only the wife's
side of the story. She says that the tension between them sarted about
two yeas ago. She was livnig here with here parents while her husband was
working in Saudi Arabia and awaiting his immigration. The troubles started
during the years they spent separately. Noe though they are together, the
husband doesnot financially support the family. The husband is a doctor
and in his residency program. He doesnot speak to his wife and the kids.
When he comes home, they(ie the wife and the kids) shouldn't show their
faces to him. Allah alone knows what went wrong. The question the wife
asked me to ask is as follows: What happens to the kids if they go through
a divorce? Can she claim them according to Islam? The husband would not
let go of his kids so easily, and the main reason is to cause trouble to
the wife. What are the terms and conditions under which the mother can
claim the responsibilty of the kids? If she gets to keep the kids, is it
still possible for the father to bear the financial responsibilty? Note
the mother is not allowed to work by the husband.
This cannot be answered without listening to both sides. And in conflict
issues like this, a responsible and knowledgeable person should handle
this matter and talk to both parties and witnesses before making his judgement.
There is a recent 90-min tape on children custody from QSS by Muhammad
al-Jibaly that you can order.
15) Is it permissable for me not to wear a headscarf in the presence
of my husband's father? Is he considered like my own father?
Yes, he is like your own father.
16) My wife and I will be visiting our respective families. My mother
has remarried, hence I have a step-father. Can my wife take off her khimar
in front of him? And can she remove her jilbaab in his presence?
She must have full hijaab in his presence, since she was not raised
in his house (cf. Quran 4:23)
17) Two sisters (in Islam) are married to one brother, co-wives.
One wife tells the other wife things that she doesn't want their husband
to know. In a situation like this, how could the sister resolve the conflict
between having an oath to her co-wife and her husband's right to know what
goes on in his households?
Since the question is not specific, so will be the answer. The husband
does not have to know everything that his wife knows. But he has the right
to know everything that has a bearing on the household and his position
of responsibility and leadership therein.
18) Until what age are parents responsible for their children's actions?
A brother was married and his wife left him and their daughter when the
child was an infant, they were subsequently divorced. The brother married
another sister when his daughter was two years old. They have lived as
a family for 12 years, without any contact from the biological mother.
The girl is now 14 or 15 and she wants to get to know her biological
mother. On vacation to the United States from Saudi the girl met her biological
mother, whom she had not seen since two years old. The biological mother
is remarried to a kafr and had another child out of wedlock and if she
is a muslim or not is questionable. The daughter met her mother and decided
that she wanted to live with her. After telling her biological mother that
her parents keep her home all the time (she is home schooled) and is abused
(she is disciplined), a court order was issued and the girl was taken from
her father to live with her biological mother by police.
All this had taken place in the span of a few weeks. Now the brother
and his wife have returned to Saudi and the daughter is with her biological
mother in the states. Can the brother leave the daughter to her decision
or should he take the matter to the Kafir courts to regain custody, in
order to eleviate his responsiblity for her on the Day of Judgement?
The parents are responsible for their children's actions as long as
they can influence them -- physically, by words, or by example. This is
the meaning of commanding good and forbidding evil which is a mutual right
among Muslims. But the direct reponsibility regarding the children's actions
ends with their attaining puberty. From that time, they are considered
independent, and fully responsible for their actions.
19) Who take care of the child, when husband and wife divorce? The
wife does not practicing islam, but she has her parents live with her.
On the other side of the husband, he practicing islam insha allah and have
no parents but, have uncle's family live near by. What does shariah law
say about this issue? What is your suggestion, if the wife goes by the
court law here in the usa.
In Islam, a Muslim Judge evaluates the situation of the man and the
wife and decides who is most suitable to take care of the child. Initially,
the mother has more right, but many factors come into play necessitating
that each case be dealt with individually.
20) I and my wife are living with her parents who do not pray. What
should I do in this situation. My wife does not want to move out at this
time.
You need to take up your responsibility as man of the house right away,
by establishing your own house independently, and then inviting her to
move in with you, which she must, and would probably be very willing to
do once she sees that you have prepared a good dwelling for her.
21) What are the laws pertaining to child custody in _________? I
live in _______, my boys are in __ with father. We are in the process of
going to court, but i would like to know my chances of getting my sons.
They are 13 and 6 years of age. Need to know as soon as possible. Thank
you.
Sorry, we can tell you what Islam says about this, but we are not specialized
in the legal family laws in various states.
Added on: Nov 11, 1996
22) I always thought that sisters cannot be taken as co-wives,
please explain.
You are right, as is the text from surat an-Nisaa. However, in that
question, the questioner meant (as we understood), two sisters in Islam
are co-wives, and not two blood-sisters.
Added on: Nov 11, 1996
23) I am undergraduate at the University of Melbourne,Australia.
I find the environment here to be morally oppressive. For this reason I
decided to get married as soon as possible. But the problem is my parents
don't seem to be agreeing with my idea.They say , if I get married it would
affect my studies.I also like to inform you that, I am an overseas student
and I live on my own but I have the ability to support my wife since I
am on a scholarship.
Let your parents know
- that you feel yourself in great danger and fitnah, which could lead
you to fall into sin
- that you are serious about marriage and will not change your mind
- that it is a command from Allah in His book (Surat an-Noor) and His
Messenger (pbuh).
This may help convince them.
Added on: Nov 11, 1996
24) When my wife is on her menstral cycle would contact with
her or by sharing the same towel make me napaak?
Sorry, some of us here do not understand Urdu. If you mean by napaak
that you break your wudu, the answer is no. It is a Jewish concept to desert
women totally during menses and treat them like unclean objects. The Prophet
(pbuh) used to touch and approach his wives during their menses, provided
that they cover their private area very well.
Added on: Nov 11, 1996
25) I married a recent shahadah who does not show initiative
to continue to learn the deen. She is at times disobedient to Allah and
his Messenger (pbuh), and me. I have heard the hadith which says that the
dayuth (procurer) won't go to jennah. Should I divorce her now or is there
a certain amount of time she has to learn and understand this deen?
You should have thought of all this before committing to the marriage.Now
you have a responsibility to make wise and careful da'wah to her, perchance
she improves. Otherwise, you would be giving her to Shaitan, and she may
go back to kufr. Consult with some knowledgeable and mature people in your
area. If, after this, you find that the situation is still hopeless, and
may affect your Deen, then consider divorce.
Added on: Nov 11, 1996
26) If a man married a women that had a baby out of marriage,
and if this man marries this women and adopts this child is there any blessings
in this? I read a hadith that the prophet Muhammad (pbuh)said: I and the
orphan supportors are like this(and he lifted up his index finger-indicating
that they are like one)
This hadith is authentic. And the child did not commit any sin to prevent
people from being kind to him. However, you may not give the child your
name. It should hold the name of the original father (if conceived through
marriage) or the mother (if conceived through zinaa).
Added on: Nov 11, 1996
27) Is it allowed for a husband to work in the U.S. and send
his wife and family to another country like Jordan, which is closer to
Islam in practice than the U.S.?
This would help protect his family from fitnah and sinning. How about
himself? He surely needs a wife to keep him chaste.
As I have been told its ok for him to send his family as long as
he see them once every 4 months, even if it is only for 1 day. Is this
really true? What about the marriage, does it have any purpose? And what
if he want happens if he stays away longer than four months?
The 4 or 6-months reported from Umar (R) is the length of time thought
to be reasonable for a husband to stay away from his wife during wars.
No evidence indicates that this period of separation has a bearing on the
marriage contract -- unless it is found that the separation is intended
to harm the woman. However, how many people in our time can claim that
they desert their wives for several months for the sake of fighting in
Allaah's way?
Added on: Nov 11, 1996
28) is marriage compulsory or a person can remain a bachelor.
It is compulsory, since the Prophet (S) commanded it, and said that
whoever dislikes his way is not one of his followers.
Added on: Nov 11, 1996
29) I have heard hadith referring to the prohibition of knowingly
taking a name that is not that of your father...it is an act of kufr etc.
My concern is that I was adopted at 6 weeks of age and I carry the name
of my adoptive father. My biological parents were young and unmarried and
they bith signed away their "claim" to me so that I would belong
to another family, not of my blood relatives. Islamically speaking, is
it better for me to keep the name I have as it is the name of the parents
who raised me, or could I choose my own "islamic" name since
the name I now have is not the name of my biological father or mother?
Jazak Allah khair. If you could, please refer the answer to this to my
personal email, as I would appreciate an answer as soon as possible. Also
I would like to know the proofs from the Qur'an and Sunnah regarding this
issue.
The are the following hadiths in this regard:
"Whoever attributes himself (as son) to other than his father,
even though he knows that he is not his father, the Jannah is prohibited
for him." Al-Bukhari & Muslim.
"No man who attributes himself knowingly to other than his father,
but is kaafir by that." Muslim
"Whoever relates himself to other than his father, or gives tribute
to other than his master, then on him is the curse of Allaahm the angels,
and all people." Al-Bukhari & Muslim.
The aayah in al-Ahzaah (33:5) indicates that one should be attributed
to his father, and if the father is not know, then to his walaa (allegience),
which means the tribe or person whom he is most attached to. In this case,
they used to say "mawlaa" (friend), like Saalem mawlaa Huthayfah.
If this is not clear either, then he is addressed as the brother of the
Muslims.
In your case, it seems that your parents are not known, and your closest
allegience (before Islam) was with your adopting father. You could call
yourself his mawlaa. For example, if his name is Mike, and yours Ali, then
you are Ali mawlaa Mike. The problem with this is that you would be making
a kaafir as your mawlaa, which is prohibited. Thus, the best seems to call
yourself with a name that cannot be a lie, and most people will recognize
that it is not your father's, so you would not be deceiving them either.
Abdullah is a good example, since every human being is supposed to be a
servant of Allaah. Thus, you can call yourself Ali Bin Abdullah for example.
And remember that Allaah will forgive all except those who use false names
intentionally and to deceive other, as is expressed in the same aayah of
al-Ahzaab. Wallahu a'lam.
Added on: Dec 23, 1996
30) First, my wife and I are followers of the Malik's Madhab.
We would like to know what the procedures for getting divorce are and the
conditions, if any, for gettings remarried to each other.
Our first advice is to strive to follow the Sunnah regardless of what
is the opinion of which madthab. To this end, you are encouraged to read
the book on blind following in Islam, or the introduction to "The
Prophet's Prayer Described". According to the Qur'an and the Sunnah,
divorce is properly performed by:
- The man announcing it to the wife, in the presence of two witnesses
(or he informing them of it later). This is a condition without which divorce
does not hold.
- She is clean (from menses) and not having had intercourse since her
last menses. This is not a condition, but is an obligation which, if not
fulfilled, does not invalidate the divorce, but only makes it sinful. He
may then take her back during her iddah (of three months) without a new
contract. After the end of the period, they need a new contract to remarry.
Added on: Dec 23, 1996
31) If my mother calls me while I am praying a voluntary prayer...must
I respond?...and is the same true for my father?
Yes, you must interrupt your prayer and answer them, because this is
an obligation compared to the voluntary prayer. However, if you can tell
from the tone of their voice that there is no urgency in their call, and
that they would normally wish you to finish praying before responding,
you can then shorten your prayer a little and answer them. For further
understanding of this, we refer you to the story of Jurayj in issue 5/6
of al-Muminah.
Added on: Dec 23, 1996
32) If I pray salat-ul-'isha in the masjid with the jama'ah,
and i return home and my wife has not prayed 'isha yet, is there any benefit,
for her or for me, for us to pray this salah together? (obviously it would
be her fard salah, and nafil for me)
You could do this, as Mu'aath used to pray Ishaa with the Prophet and
then go and lead a Jamaa'ah soewhere else. In this case, you help your
wife get the reward of Jama'ah, and you get a similar reward inshallaah.
Added on: Dec 23, 1996
34) I have a few questions. First I am not muslim but my fiance
is,I have been looking in to different views about religion. And true there
are a lot of interesting points and unanswered questions. He tells me the
points he wants me to know. We are to be married in the near future (3
months) he wants me to pay for the whole wedding and sign a prenutial agreement,
however reading some info. that isn't the islamic views at all about marriage,
shouldn't he follow and live up to his religious traditions and beliefs.
I also have another questions about holidays, birthdays and Christmas in
specific I have an 7 year old duaghter and he/we just got coustody of his
8 year old son. They have always celebrated them and I don't have a problem
for them to continue but I want to respect his beliefs what are the guide
line. Please respond because this is the first or few of our problems or
disagreements.
It is the husband's responsibility to pay for everything that the wife
justifiably needs, including wedding costs. However, weddings nowadays
involve extravagance and many expenses that are not permissible in Islam.
As for the prenuptial agreement, it could be permissibe or not, depending
on what he wants you to agree to. Birthday celebrations are not permissible
in Islaam, even though many Muslims do it. We have discussed this in our
book "Celebrations in Islam."
Added on: Dec 23, 1996
35) If a woman is taken by force from the town in which her family
lives, and is forced to make nikah with the one who took her, is this a
valid nikah? To compound the issue, if a child is born from this situation,
what is the status of the child? If the sister's family helped her to flee
the situation shortly after the child was concieved, is she legally married
to the man who forced her to do these things (ie does she need to officially
divorce him?)?
If this is a real case, then the marriage is invalid, because it was
performed without her wali's (Muslim father's) consent. Thus there is no
need for divorce, but there is need to announce this so that the people
would know that they are not married. The child's status (whether he is
the father's or not) cannot be determined until direct interview with both
sides to find out what their intention and understanding was at the time
that the child was conceived.
Added on: Feb 1, 1997
36) My brother wants to get married but can't due to financial
reasons and wanted to know if he can take medication to prevent his desires?
He feels it is worthless consulting with parents He is 26 and does not
know what to do...Parents keep telling wait we will get you married but
its been the same story for years now what should he do (he is going to
college) lives at home and is financially broke(father is rich but of no
good to him) keeps him on a shoestring budget college and food thats about
it. He says he can not fast all the time due to his 14 hour a day studying.
I am his younger brother and he frequently talks to me about how he wants
to get married but can't...
Let him continue to fast, lower his gaze, look for a modest woman to
marry, and make lots of du'aa. Some medications could have side effects
and cause lasting problems. Wallaahu a`lam.
Added on: Feb 1, 1997
37) My friend recently purchased a book called, The Righteous
Wife by Muhammad Shoomaan. I just can't help but notice that besides this
book there are numerous articles, books, and commentary on having/being
a righteous wife. I am not bashing or putting down any brother or sister
who writes on this topic, but I think it is about time to have just as
many articles on having/being a righteous husband.
In Islam it is not just the wife that should be righteous but also
the husband, her mate. As Muslimas, we are taught by our religion and even
our society to obey Allah and our husbands. Hardly, it seems, that the
teachings of piety, righteousness, compassion, and passivity taught or
stressed to the men of our ummah. In a marriage there are two people and
not everything should seem to lay on the woman. How are we, as Muslimas
expected to know/or look forward to in a husband. Numerous sisters have
thought this. Yet, no one has probably spoken out. Also, why don't the
brothers help each other and teach about the ediquettes of marriage from
their side. Do they know their obligations? Do they even understand the
seriousness of marriage? None of these show. When are we, the women, going
to see such book(s) called "The Righteous Husband" published
by the knowledgable of our ummah.
This is a very important and true observation. As a matter of fact,
most of the problems that we see within families arise from the lack of
righteousness in the husband who is, supposedly, the leader and guide of
the whole family. We will try to deal with this in some of our publications
-- inshaallaah.
Added on: Feb 1, 1997
38) My main concern is regarding my father. He does not pray,
even on the Friday Jumuah prayers, or even on the Eid festivals, although
he may do this sometimes. He is a very heavy smoker, despite the numerous
operations he has had as a result of his smoking, and the advice he has
recieved from the Doctors. The worst matter is that every night my father
waits until everyone goes to bed, and then starts to watch pornographic
videos for the whole night. He has a large collection of these in his possession.
His behaviour has influenced my younger brother who also keeps pornographic
material, but his excuse is that our father has it also. Although my mother
is aware of this she does not stop either of them. I find the whole matter
detestable, and have left home but not as a result of this, although it
did affect my decision. What should my behaviour be towards him? How should
I treat him? Does he still deserve the rights of a Muslim father despite
his actions??
There is no doubt that your father is doing himself and his family a
great amount of injustice. But the fact that he does not denounce Islam,
and has prayed sometimes, seems to indicate that he is still Muslim at
heart (inshaallaah).
As you know, one is required in Islam to treat his parents well, even
if they were kuffaar and called him to disbelieve. This is not the case
in your situation, as your father is still Muslim. So you have an additional
responsibility toward him -- that of inviting him to Islam and obedience
in a good and wise manner. With careful approach, you may be able to influence
him, your brother, and the rest of the family. May Allaah help you.
M al-Jibaly
Added on: Feb 1, 1997
39) I have a question on temporary marriage. Is it ok to do this
or not??
No it was prohibited by the Prophet (pbuh) when he conquered Khaybar,
and he said that it is prohibited to the day of judgement. It is a form
of zinaa or prostitution.
Added on: March 10, 1997
40) I have now been married for a couple of years. I was very
young when i got married and my husband has been the first man which my
parents let me talk to. I really had no choice but to marry him because
my father said that if I didn't marry him I would never marry anyone else.
So I married him, but my problem is that I am finding myself not that attracted
to him and I don't have many urges to do anything with him so if we ever
do anything it is because he has the urges. I don't know what to do! Please
reply in you "Women" section as soon as possible. Any advice
would be deeply appreciated.
If you feel that you were obliged to marry against your will, then you
have th full right in Islam to seek divorce. However, if you find the man
that your father chose for you to be Islamically good and kind as a husband,
then try to look at the good side in him and ignore the shortcomings, because
there is no one without any. As for what you call "urge", if
you mean sexual urge or desire, it is important to realize that women mostly
have much less of it than men, especially in their upper teens and early
twenties. This is a normal thing that should not be allowed to have impact
on the marriage. If what you detest in him is something else, try to analyze
it objectively and see if is a major problem conflicting with Islam, or
a minor human problem that you can live with and get the reward for doing
this.
Added on: March 10, 1997
41) Is it permissible to have the Walima the same day Nikah is
held (i.e. Can you have the Walima before entering into your wife) ? I
raised this question because the Hadith states it should be given after
entering. I want to know whether this is a command or not ?
Which hadith states this? As far as we know, the hadiths provide description
of actual incidents but no clear statements as to whether to hold it before
or after consummation of marriage. Wallaahu a'lam.
Added on: March 10, 1997
42) I need all the proves of the rights of the man to get married
to non Muslim laidy?. I do know that it is posible to do so but it is only
for ( Ahl Alikitab ) the people of the Book. So the people arround us are
not bleaving in Allah (s.w.) & His prophet Mohammed (p.b.u.h.)?
- She should be a Kitaabiyyah (Christian or Jew)
- She must Muhsanah (chaste, having not committed zinaa or approached
it)
- They should live in a land where Islam is strong and prevailent, so
as to safegaurd their children from being lost to kufr (desbelief).
The first two conditions are in al-Maaidah 5:5. The last is derived
by the scholars from basic Islamic principles.
Added on: March 10, 1997
43) Can the waleema take place on the same day as the nikkah
Nikah will be held after asar, Waleema after Isha?
Whereas the reports regarding waleemah seem to indicate that it always
took place after the consummation of nikaah, there is no text prohibiting
holding it after the contract but before consummation. As the purpose is
to make the marriage public, and to share in the happiness of the married
couple, it is permissible to have it then, wallaahu a'lam.
Added on: March 10, 1997
44) Before a sister took shahadah she commited zina and became
pregnant. She then married the guy who got her pregnant during the pregnancy.
Now the child is illegitimate but the couple has not told anyone. At this
time the man is not concerned but the regret is killing the woman. Should
she announce the childs status to the people. There is nobody in this country
to give the legal punishment.The shame of people knowing is scaring her.
Since she did that before becoming Muslim, Islam erases all previous
sins. There is no need for her to feel sorry or to regret. The only requirement
is to make it clear (not necessarily in public) that the child is not her
husband's (according to shar'), and therefore cannot inherit from him.
Added on: March 10, 1997
45) I wanted to know if it is possible to do nikah with the same
girl twice with out ever being divorced. The first nikah seems necesary
because the boy and girl are in love and see, talk and touch each other
on a regular basis. According to my knowledge it is haram for a girl and
boy to do this. They are both adults. There parents would not agree for
nikah at this time because they both are finishing college. The second
nikah would be done in front of the parents.
The nikaah cannot be performed without the permission of the wali, in
this case, the father. Thus, you need to explain the situation to them
and convince them of the importance of performing it. In the mean time,
they must both understand Islam better and have more fear of Allaah so
that they do not contact each other as described.
Added on: March 10, 1997
46) Does talaaq count after I've said it once and I didn't make
ruju' and then said it again?
It counts as only 1 divorce.
Added on: March 10, 1997
47) We have a situation in our group where a young man came to
us about the woman he is living with. The woman was married and now divorced
from her former husband by civil court system. No divorce was done from
the Islaamic view point, and to compound the matter she went to live with
this guy without a nikaah. Now she wants to do the proper thing and have
a Nikaaah with the man she is living with. The civil divorce was 1 year
ago and now the former Husband cannot be found.
The question is: Is it necessary at this stage to get the formal
Islaamic divorce? Does she have any waiting period at this stage? What
can she do about the haraam situation of living with the guy after divorce
other than Taubah?
- Was the civil divorce requested or agreed to by the husband as well?
If this is the case then it counts as an Islamic divorce. The same is true
if the husband has disappeared a long time ago and true attempts to find
him have failed. In that case, your organization/imaam can pronounce the
termination of the previous marriage.
- Since she is currently committing zinaa, she cannot marry the man she
is sinning with. They should separate now, and she should go through a
waiting period of at least 1 menstrual cycle to make sure that she is not
pregnant. In the mean time, she and the man she is living with should be
taught and exhorted regarding their previous sinning. Only if they display
clear signs of repentance and good behavior would it be possible to marry
them, with the imaam acting as the woman's wali in the absence of her Muslim
mahrams.
Allaah knows best.
Added on: March 10, 1997
48) Is it true that if a man comes to a women during her period,
and she gets pregnant, that the child would be the child of a jinn?
Doing this is a great sin, as is outlined in the Qur'an and the Sunnah.
But there is no evidence that the child will be a child of Jinn. Besides,
a woman cannot get pregnant while in her period -- check with you local
physicians.
Added on: March 10, 1997
49) There is a sister whose husband does not pray, he does drugs,
his language is horrible, and most importantly he is violent (even with
his mother). Alhamdulillah the sister does her best to do what is Islamically
right. They are living with thier in-laws. The sister works to pay for
the brothers expenses. She is now pregnant and fears that this brother
who cannot even fulfill his duties as a husband will not be a good father.
She doesn't want to raise this child in a violent environment. She is now
pregnant and wants to abort her baby. What advice can you give her concerning
this matter? please respond quickly.
This answer is provided, unfortunately, more than three months after
posting it. One reason is that it was posted anonymously, which automatically
makes it less urgent.
The answer is "NO!" She cannot abort the baby! She may not
commit this murder because she fears of some future danger. What she should
do is work on improving her family situation or get divorce from her husband
if he is as described.
Added on: March 10, 1997
50) I read you said that a husband's father is like the wife's
father in that there is no need to be in Hijab. Is that also true for a
man and his wife's sister?
Not at all, there is no way of comparison. His wife's sister is not
permanently prohibited for him. If his wife dies or they divorce, he may
marry her. So she should be covered and act modestly in his presence.
Added on: March 10, 1997
51) I had a question about people "living at home".
I was talking to a brother who mentioned this problem to me since he is
facing it right now. He is living at home with his parents and brothers
and sisters, and is married. Now traditionally, this is how things are
done, meaning the son lives at home with parents and other siblings. And
traditionally, there is no interaction and other such problems. But Islamically
(and both him and his wife are very practicing) it creates many problems.
So what to do ?
For example, his wife has to wear hijab all the time, except when
they are in their room. This is just a bit hard for her. Then there are
all those times when he is alone with his sister in law, or his wife is
alone with his brother, whether at home or when giving a ride in the car
or going shopping etc. And other such problems.
Living in a separate apartment would not only be very expensive (and
maybe unaffordable since he is a student) but also looked down upon from
his family and others. His parents would probably feel very hurt. What
possible solutions are there to still live at home, but in a more comfortable,
yet Islamic manner ?
Sorry for the belated reply. We can propose nothing more than to take
care to enforce Islamic behavior in all what they do.
- Let them consider her room to be her house, so that she would lock
its door and stay inside if there is no need for her to get out, or if
her brothers in law are present.
- Let her minimize her contact with her brothers in law, and keep the
relation formal. The same for him with his sisters in law.
- Let there never be a khulwah between her and her brothers in law or
other non-Mahram men.
- Let him leave immediately if he finds himself alone with one of his
sisters in law.
etc.
Added on: March 10, 1997
52) What is the extent that a sister can get to know a brother
before marriage, can she speak with him and ask him of his interests, can
they correspond by mail and telephone?
If they both appear to be sincere about intention to marry each other,
they can do this in the presence of a mahram or a person that would prevent
the occurance of khulwah. Same about mail or telephone. But all of this
should be controlled so that it would not get to a point of saying or suggesting
prohibited things.
Added on: March 10, 1997
53) Can a divorced women ask her husband for reconciliation or
does the Wali have to do this?
Either.
Added on: March 10, 1997
54) Can a wife wear night clothes that are available in the shops
to be attractive to her husband? Please note that someone said to me that
this is haraam because these clothes are worn by kaafir women and so imitating
them is haraam.
True. For further info, read "Celebrations in Islam" by M
al-Jibaly or "Imitation of the Kuffaar" by Naser al-Akl, both
available from QSS bookstore.
Added on: March 10, 1997
55) There is a Muslim family here, made up of step parents and
step children. There is this one particular child whom I am very worried
about. She is 11 years old. In the house, along with her mother and step
father, lives her brother who is 13, her step brother who is 17, and her
step sister who is 20. It was told that this young 11 year old sister has
to wear her kimar and jilbab in the house, as long as she was around her
17 year old step brother because she can marry him. How true is this? Can
you elaborate?
This is true. Because there is no text in the Quran or the Sunnah to
prohibit this relationship.
Added on: March 10, 1997
56) I would like to know if a marriage is valid if a woman was
tricked into writing the contract by believeing people who said that it
only meant getting engaged. I'd appreciate any feedback.
Who tricked her? Her wali? If this is the case, and he tried to force
her into some planned marriage, she has the right to "faskh"/cancellation
of the contract by the Islamic judge or local imaam.
Added on: March 10, 1997
57) If a woman is pressured into getting married to someone then
is the marriage valid/true? How about if she is forced? Please be thorough
because I heard many answers and i am confused.
The marriage is valid, but she has the right to terminate the contract,
as a woman came to the prophet (pbuh)and told him that her father forced
her to marry a certain may. He (pbuh) gave her the option to either terminate
the contract or stay with that man. She said, "I will stay, but only
wanted to make them know that they cannot force this on us."
Added on: March 10, 1997
58) A brother is the Walee of a sister who is not his Mahram.
Currently, there are two brothers interested in her. She has not decided
on either of them; thus, is is permissible for them both to inquire of
her?
It is his decision, not hers -- in consultation with her of course.
Question: who appointed him? If not her mahram, he should be appointed
by the judge or imaam, not by herself. In any case, as soon as one person
shows interest, and they are in the negotiation process, no other person
may approach seeking marriage.
He communicates with her by way of his wife. Should one of these
interested brothers wish to see her, is it permissible for her to sit in
a room with her non-Mahram Walee, his wife and the interested brother?
She has no Muslim males in her family and they are against her being married
anyway.
She may sit with and talk to him, while others are close by to prevent
possible khulwah.
Added on: March 10, 1997
59) It is clear that Islam allows dolls for children, however,
it is confusing what type of dolls are permissible. Some people make headless
dolls, others make dolls with a head but no facial features, some have
stuffed animals, some have Barbie Dolls. Can you please give some detail
as to what is permissible and what is not when giving your child dolls.
The only type of dolls reported from the Prophet's (pbuh)time were crude
home-made simple ones made from cotton. Remebering the general prohibition
of idols and pictures in many texts from the Qur'an and Sunnah, this exception
may not be taken beyond its circle of restriction. Thus, dolls are to be
largely avoided, because they clearly demonstrate an imitation of Allaah's
creation done in large-scale production, mostly by kuffaar. The worst of
those are barbies, because they are fashioned to resemble kaafir women,
and the way they are dressed up and the various items that come with them
reflect the kuffaar lifestyle and make it acceptable and liked to the children.
Other idol-like toys, like stuffed animals, are to be avoided as well,
even though they are not as harmful as barbies and dolls. In all cases,
one should never use such dolls as decorative items which are put respectfully
on top of shelves or dressers. They should all be stored away at the time
of prayer and when the children go to sleep, because they prevent the presence
of angels. By the same token, one should try one's best not to purchase
clothes for kids with human or animal pictures or crosses on them, and
try to change such pictures if they are given as present. wallahu a'lam.
Main Office: 606-578-8371 P.O. Box 19900
Fax: 606-578-8372 Cincinnati, OH 45219
Bookstore: 513-681-7244 USA
Philadelphia Office: 215-227-0914
Return
to Arshad's Web Page on Islam
|