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Marriage, Divorce and Other Issues (Fatwa Session)

Sheikh Ahmad Kutty
04 September, 2018

Dear Brothers/Sisters,

 

Thank you very much for joining us in this Live Fatwa session. We would like also to thank our guest, Sheikh Ahmad Kutty, for answering the questions directed to him. You will find the answers of your questions below.

Thursday, Sep. 06, 2018 | 13:00 - 15:00 GMT

Session is over.

Assalamu alaikum va rahmathullahi va barakathuhu I had started a YouTube few days before and uploading cinema movie clips for earning something from YouTube but I have a doubt about earning from YouTube. I searched about this issue in internet but nothing have given me the solution and reliable reason. Is it earning from YouTube is haram? Is earning from YouTube by uploading cinema clips is haram? Is earning from Google Ad sense is haram? Waiting for your valuable reply Jazakallah



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

To convince yourself whether your work is halal or haram you ought to ask two questions:

 

1- What is the nature of the content you are uploading? Is it ethically sound or not? In other words, are they intended to promote virtue or provide beneficial knowledge, etc.? if they are then you may upload them offered, you can satisfy the 2nd condition:

 

2- Is it legitimate to do so? In other words, does your work infringe copyright rules, and thus amount to piracy? If it is legitimate and is not considered a violation of copyright, then you may do so.

 

As a Muslim, while embarking on any venture, whether dealing with electronic or print media: will I be pleased to see it in my record presented to me on the Day of Judgement or will I be ashamed of it?

 

One of the great men of letters of the past who had passed away appeared in a dream to a saintly person: when the latter asked him about his work, the former said, “Do not write anything you don’t want to appear in your record of deeds on the Day of Judgement!”

 

Allah Almighty knows best. 

Assalam walaikum wa rahmatullahi wa barakatuh I am 18 and my sexual desires are at their peak. My marriage has already been fixed but because the guy is still not financially stable, I haven't married. I used to masturbate, found that it's not right, left it for a couple of months, but now the feelings are back. In the heat of the moment, I sexted with a stranger on a "chat with strangers site". I did not show my face tho (tho we did exchange nudes). I want to know whether this is fine? If not, what is the right way of istighfar in this situation? And lastly, can I masturbate in order to not do something like this again? Thanks in advance.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

Here is the definition of sexting in Wiki:

 

“Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or images, primarily between mobile phones, of oneself to others. It may also include the use of a computer or any digital device.”

 

There is no way a Muslim can engage in online chats involving such activities. Islam teaches modesty and chastity; hence any exposure or nudity is considered a grave sin. Such activities lead to adultery and fornication which are grave sins in Islam. Allah orders us “do not even go near fornication, for it is indeed an abomination and an evil way.” (Al-Israa’ 17: 32)

 

The Prophet (peace be upon him) said, “Do not expose yourself to anyone except your lawful spouse.” So, by sending your nude pictures or receiving nude photos of others, you are guilty of a grave sin. I advise you to repent. As for how to seek repentance you may refer to the answer linked below:

 

The Door of Repentance Is Wide Open

 

 

As for masturbation, it is allowed only in case of fear of falling into fornication.

 

On the tips as to how to repent of this sin, please refer to the answer linked below:

 

Can a Girl Repent from Masturbation?

 

Allah Almighty knows best. 

Aoa I want to clear that what if two people want to get married but parents continuously refused without no legitimate reason let's say profession of grand parents of that man (cobbler) but religiously and socially that man is reasonable honest and responsible with well enough halal means of earnings. They made a commitment in front of Quran and accept both as husband and wife with deliverance of mehar as well but because of social pressure and poor thinking of people they didn't invite two witnesses but only Allah. although they tell this to 2 to 3 people but at the time of commitment they made it by themselves at a public place. After 6 years still they both want to stay together as husband and wife with same feelings but still parents Making it worst from girl'side side and she is being forced by parents to get marry some one else. Firstly please guide is this nikah valid because they made it to avoid haram relation but due to parents strict attitude they couldn't announce it in front of two witnesses but after wards told to some friends. And if it is not valid what should they do ?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

What you did was a secret liaison; as such, it cannot be ruled as a valid Islamic marriage contract.

 

There is no room for secret marriage in Islam. Marriage for its validity should fulfill certain conditions.

The conditions of marriage as stipulated by Islam can be listed as follows:

1- The consent of the guardian of the woman;

2- Presence of witnesses;

3- Offering and acceptance;

4- And mahr (dower).

Once the above conditions have been fulfilled, the marriage will be deemed as valid; but if these conditions are not met, then it will be considered as being null and void.

 

As far as the consent of guardian is concerned, it can only be dispensed with if the guardian is merely refusing to give permission for considerations other than Islamic, in which case the judge can authorize the marriage after having followed the due process. If, on the other hand, such is not the case and no attempt was made to ascertain the consent of the guardian, then such a marriage would be considered invalid and, therefore, unacceptable in Islam.

 

The Prophet (peace and blessings be upon him) said, “There is no (valid) marriage without a guardian and two reliable witnesses.” (Abu Dawud)

 

By stipulating the conditions mentioned above for the validity of marriage, Islam insists that marriage should remain distinct from other loose and immoral lifestyles such as fornication and illicit affairs. Hence, the Prophet emphasized making unions public.

 

In conclusion, in light of the above, I would urge you to decide for yourself whether you have followed the conditions mentioned above or not.

 

You also have to offer sincere repentance for your illegal relationship with that man.

 

However, parents’ role in the marriage of their daughters is limited to guiding them to choose compatible marriage partners.

 

Compatibility entails a person’s worth in a spiritual and moral sense: the only primary criterion that makes or breaks a marriage. The Prophet (peace and blessings be upon him) said: “If a person of acceptable religion and character presents himself for marriage, marry him, otherwise, there would be widespread sedition and rampant corruption in the land.” (At-Tirmidhi)

 

Therefore, if you made a choice based on the above consideration, then your parents have no right to stop you from marrying the man. Since you are free to choose the food to eat, likewise, it is your choice to decide whom to select as a life-long partner.

 

Therefore, I would urge you to repent for your actions, and then solemnize your marriage by following the necessary steps.

 

You should do it legally through a recognized marriage officer/imam.

 

Allah Almighty knows best. 

Asalamalakam if I’m praying and for example I’m supposed to say the tahashood but I make a mistake in the wording should I go back and say it correctly and continue prayering or is my prayer invalid ? Or do I need to pray the prostration of forgetfulness ? Also what if I’m praying the prostration of forgetfulness and at the end I mistakenly start to say the tahashood at the end and then realize it and just start to say the tassleem would a prayer done like this be invalidated ? I prayed two prayers like this making mistakes in the wording and thinking I needed to go back and pray all over again this caused me to continually repray the prayer I ended up staying up late and sleeping at the time of sunrise when I usually pray also missing qyiam do to sleep I being a few minutes of at fajar time thank you for any help u can give me May Allah bless you.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

If the mistake you made while reading Tashahhud is grave and it changes the meaning, then you should repeat the prayer. Otherwise, you need not do so; it is good to offer the Sujud al-Sahw if you realized the mistake before finishing the prayer.

 

Allah Almighty knows best. 

Salaam, before maghrib prayers I used the toilet and after washing myself and did my wudoo i continued to pray. Then I felt my stomach moving like needing to defecate but not urgently this happened towards the end of my prayers but it went away quickly. I didnt think much of it because I assumed it was waswas. So i ignored the doubt. I did my wudoo for Isha prayer and performed my salah. After a few hours, i went to the toilet and saw wet stain(i assume it's water as i usually wet my underwear after using the toilets) but then I wiped and saw brown spots and I don't know if it's stool or dirt? However, around the anus/bottom area there isnt any brown spots only when you wipe. Are my prayers valid?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

If you did see a brown stain on your underwear, then you should repeat your prayer. It is an indication that you broke your wudu. If you did not find any such stain, then there is no need to repeat the prayer. You should dispel such doubts as due to the whisperings of Satan.

 

Allah Almighty knows best. 

Sir actually i break promise that i have with my friend,Back then i dont had any intension of breaking the promise but i cant able to control my self and break the promise so please tell me what will be the kafara for that? 2)Is wada and kasam same thing or not. If not please tell me the main difference between them?



Allah orders us to be faithful to our pledges and covenants and to fulfill our oaths: “And be true to your bond with Allah whenever you bind yourselves by a pledge, and do not break [your] oaths after having [freely] confirmed them and having called upon Allah to be witness to your good faith: behold, God knows all that you do.” (An-Nahl 16:91)

 

As for the atonement for breach of oaths, they are as follows: 1) To feed ten poor people; 2. To clothe them; 3. To free a believing slave from bondage; 4 Fast three days. The third option is not applicable now.

 

So, we are left to choose between the three: As for feeding, it is sufficient to provide them with ten meals, or its equivalent in cash. If he is unable to feed, he should provide them with clothes. If he cannot do that either, he is left with the only option of fasting three days.

 

As for the difference between Wa’d and Qasam, the latter is a sworn promise, while the former is not. However, in case of doubt, you should expiate for the violation by feeding ten poor persons or fasting for three days.

 

Allah Almighty knows best. 

Assalamu Alaikum, is it halal to use skin care products that contain either grape seed oil, grape seed extract, grape fruit water, grape juice, or anything at all from grapes as long as none of the products come from grape wine production and don’t contain any wine. I emailed one skin care company about the grapeseed oil in their product and they responded “None of our products come from grape wine production or contain wine. Our grape seed extract is obtain from organic grapes from our vineyard in France”. The skincare company is called Caudalie. So in terms of using their products and the ingredients from grape which they contain, would they be halal to use as long as this is the case? And what if with other products, the case was that the ingredients were a by product of wine making; would they be halal? Jazak Allah Khair



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

Islamic laws of halal and haram are clear and straightforward. According to the rules of jurisprudence, everything is halal unless proven otherwise. In other words, you need proof to prohibit something; while you don’t require evidence to state something as lawful.

 

Wine and intoxicants are Haram; however, grapes, dates, and their extracts and byproducts are halal as long as they are not deemed as intoxicants.

 

Therefore, there is no need for you to have reservations about such products since those who manufacture them have publicized their ingredients, and those ingredients by themselves are deemed as lawful.

 

You need only to cast doubts if you have evidence to prove they have used products that are unlawful. You should know that wine, if turned into vinegar, is halal, since chemical transformation has removed the essential trait of intoxication whereby the wine was declared as haram.

 

Furthermore, the Prophet (peace be upon him) has warned us against rigidity and hair-splitting. He said, “Woe to those who are rigid.” “This religion of ours is easy to practice; whoever practices rigidity will only destroy himself/herself.”

 

Allah Almighty knows best. 

Salams, We have a goat and it has teeth but those teeth are very small i meant they are visible but can not be called as two teeth and its weight is near about 60 kgs so weight is complete but u want to ask if its qurbani is valid



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

As for the Qurbani of the animal you mentioned, the primary objective of the Shari`ah is to insist on animals that are healthy and worthy of human consumption. So, if the animal you referred above is otherwise healthy and deemed fit by the inspectors who inspect the animals, I do not think, there is anything wrong with offering it as a Qurbani.

 

In the olden days, animals were not examined by trained meat inspectors. So, as long as they deem the animal healthy and fit for human consumption, it should be fine.

 

Allah Almighty knows best. 

If a husband divorces his wife (irrevocably), he can't after that, re-marry her until she is married to another husband and he divorces her.dts called halala....



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

If a woman has been divorced thrice on three different occasions, the divorce is irrevocable as long as it fulfills the conditions of valid divorce. In such a case, they cannot remarry unless she has been married to another person with the intention of forming a life-long partnership, and yet divorced for valid reasons.

 

There is no room in Islam for a fake marriage called Halala; it is nothing but adultery plain and simple.

 

Those who are resorting to such a practice are making a jest of the sacred laws of Islam. Those who approve of such a fake marriage are also committing an enormity.

 

Allah Almighty knows best. 

Assalamu-alaikum sir. Sir i am a Muslim and as a Muslim i know much about islam infact i hve studied in islamic school CBSE based where Islamic teaching was compulsory, i studied three years. After that my life changes bcz my father left the job and my family were facing economic crisis so i hve to left the school bcz it was expensive.infact i ran away from school bcz my father didn't want me to left the school. After that my family condition got worsed than ever. My father become more cruel and never did a job to maintain my family, he used to beat my mother.and my father was only source of income in my family. Somehow i did 10th and 12th from my home town through private registration, no class only exams.after 12th i become addicted to smoking. Sometimes liqour but now ALHUMDULILLAAH i hate liqour. After that my father forced me to to do civil engg. But i never want bcz my maths was weak. After all i agree to do, now i am a graduate person. Sir the problem is, my father never even try to understand us, he never talk with us about issues. My father is spiritual person he used to do zikr many hours and pray 5 time salah. Whenever we were supposed to talk about economic crisis he just used to say, ask from Allah. He will give you. But my father never ever tried a single way to come out from economic crisis. He is not like all father he just want to burden us. But my mother thinks well she was also spiritual bt unfortunately she passed away before few months, i was more close to mother than father now i am all alone, i ask Allah for forgiveness many time, i am suffering from physical health issues. I become addicted to weed between my graduation. Now i am a weed addict. I make dua for good in my life. I make dua for health, i made dua for several times. I even stays in etekaaf in ramadan for 10 days and seriously i love Allah whenever i listen quran and his name i feel severing inside me. But the situation got worsen day by day. Now i am a full weed addict I don't know why. But still i have hope in my heart to become a good person in my life. What should I do sir...?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

You are indeed committing an enormity of sin, and unless you purge your life of such offenses, and turn to Allah in repentance, you are killing yourself spiritually; in other words, your actions will cause spiritual death, which is far worse than physical death. Physical death will only destroy your earthly mold, whereas spiritual death causes lasting perdition, thus depriving you of your salvation in the next world.

 

However, you need not despair of the mercy of Allah as long as you can motivate yourself to repent and change your bad habits: let me cite here one of my earlier answers on the tips to deal with such addictions:

 

Since you have been addicted to an extremely pernicious habit that destroys your spiritual soul and thus leading to self-destruction, you must urgently summon your willpower and take all the necessary steps that you can muster to wean yourself of it immediately.

 

To empower yourself to achieve this, you should seek beneficial counseling and therapy preferably from those professionals in the field who are conscientious Muslims; if such Muslim professionals are not available from those who are ethically and morally conscious. It is essential for you to wean yourself from these destructive habits; the consequences of persisting in them are merely unthinkable; they would undoubtedly corrode your spiritual soul and cause spiritual death.

 

Sins by their very nature are addictive, for it is in the very nature of carnal soul to seek pleasure in sins. As Busiri has rightly said, “Carnal soul is a like a baby; if you neglect him, he will grow up clinging on to the breast-milk forever, but if you wean him off, he will be weaned off.” I suggest a few tips which you can use to empower yourself:

 

1) Visualize and meditate on the ugliness of this heinous sin and conjure up images of hell fire as painted in the Qur’an and the Sunnah as many times as possible until such time that whenever you are tempted to visit such sites or view such scenes will be constantly playing in the screen of your mind; thus even as you have associated this addiction with pleasure you will come to associate it with pure pain and suffering.

 

2) Convince yourself—by taking all measures such as listing all the negative things about such habits, and listing the verses and traditions about the gravity of sins—of the urgency of removing this malignant cancer from your life; remember it is far more serious than cancer attacking your body since your soul survives you even after your physical body has disintegrated in the earth.

 

3) Imagine how terrible a loss you will be facing were you to die while being addicted to this most heinous sin?

 

4) Seek strength from Allah by crying to Him for succour; but you can never seek the help of Allah unless you seek to establish connection with Him through regular Prayers; so never be slack in Your Prayers.

 

5) Schedule your time in such a way that you are never left with any time to think of such matters; Imam Ash-Shafi`i said: “If you don’t occupy your mind with good works, your carnal soul will make you busy in bad deeds!”

 

6) Surround yourself with spiritual and Islamic influences and virtually immerse yourself in them.

 

7) Always hang around with good Muslims who are busy doing good works; join a halaqah where spiritual training is imparted together with study of Islam.

 

8) Make your mind and tongue busy with dhikr Allah; say the following words and others frequently:

 

Subhaana Allaah; al-hamdu li Allah; laa ilaaha illa Allaah, Allaahu akbar;

wa laa hawla walaa quwwata illaa bi Allaah; astaghfir Allaaha al-azeem min kulli dhanbin wa atoobu ilaahi

 

(Glory be to Allah; praise be to Allah; there is no god but Allah, Allah is Great; there is no power or strength except by the will of Allah; I ask forgiveness of Allah from all my sins and repent to Him.)

 

9) Once you have been weaned of these pernicious habits, you should seriously consider marriage; marriage is the protection against temptations.

 

I pray that the Beneficent Lord of Mercy save us all from the evil inclinations of our souls and make us hate disbelief, transgressions and sins; and may He endear to our hearts faith and good works-aameen”

 

Lastly, you may also refer to the following answer on seeking repentance by referring to the answer linked below:

 

The Door of Repentance Is Wide Open

 

Allah Almighty knows best. 

Assalam walaykum! I just wanted to ask you a question. Is notary public income halal and permissible in Islam? Because a lot of time notary public authenticate signatures, administer oaths, verify signatures between lender and borrowers. For example, Real estate buyer and seller. And those involves mortgage. Would providing notary public services in that scenario consider halal? However, If I completely avoid providing my services to lender and borrower, Real estate buyer & seller. Then would income be considered Halal? Please advise. I'd highly appreciate your response Thanks you!



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

You are allowed to charge for your services as a notary public. In this capacity, you are merely authenticating signatures, administer or verify information, etc.,  all of such services are halal, and there should be any qualms or doubts as to their lawfulness. There is no need for you to be overly rigid on such matters. Allah tells us in the Qur’an: “God does not burden any soul with that which is beyond his or her ability or means.”

 

There is no need for you to avoid providing such services for real estate transactions or deals. Your work will not be haram because of the doubtful nature of a mortgage. For we are not accountable for something, we have no control over. It is not different from someone selling a megaphone or computer or any other items which can be used for a lawful purpose or unlawful one.

 

If you have reservations about it, all that you need to do it to cleanse your income of the taints of Haram associated with it through lots of istighfaar and extra charities. That is the way to purify incomes tainted with haram. Mind you, in today’s world no one claim to have an income wholly free of the taints of haram.

 

Therefore, the solution is not to keep away from business transactions( for doing so would only make us weaker and more miserable), instead to cleanse our incomes as best as we can. Allah says, “Take out charities from their wealth whereby you cleanse and purify them.”

 

“Take alms of their wealth, whereby you purify them and make them grow (spiritually), and pray for them. For verily, your prayer is for them a means of comfort. Allah is All-Hearing, All-Knowing.” (At-Tawbah 9:103)

 

Allah Almighty knows best. 

As Salam wa alaikum, I have been separated from my Sunni husband since 3 years as he is refusing to come to the IPC court for divorce as he owes me my jewellery and money borrowed from my father. The grounds of divorce were - 1. He has HIV - I have medical reports 2. He has been caught red handed performing adultery with a another women while married to me 3. He has beaten me up and broken my ribs - domestic violence 4. He has not given me any financial support since the day of marriage 5. He is a alcoholic and a womanizer I have evidence for everything stated above. The Sunni shariah court refused to fisakh my marriage as in India they treat women inferior and have twisted the laws to their fancy. I want to know if my marriage is invalid now on the above grounds and if I can marry another person as I am 35 and I want to have legal children . Please help me with this. As it is a matter of my life and I am suffering due to injustice .



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

If what you allege above is true, then you can approach the court of the land to get a legal divorce. Once you obtain that, you can deem yourself divorced Islamically.

 

For even as a man has a choice to get a dissolution of marriage on the grounds you have specified above, likewise, a woman has also the option to seek a dissolution through legitimate authorities.

 

If the Shari`ah court is merely refusing to cooperate with you, you are allowed to approach the court system of the land to seek justice.

 

Islam does not allow a man to hold his wife as a prisoner.  Nor is it allowed for a  Shari`ah court to take such a decision.

 

One of the principles of jurisprudence is “there shall be no inflicting of harm.” Also, where there is real harm, it ought to be removed.

 

In your case, if neither your husband nor the Shari`ah court is giving you your God-given right, you are allowed to get it done through the secular court.

 

Allah Almighty knows best. 

I am in no way have intention to challenge sunnah i can't even think of it, i know circumcision is useful, clean and have tremendous benefits not for only Muslims but for whole humanity, i believe it and i am not comparing circumcision with uncircumcised, i never said uncircumcised is better, circumcision is the best with no doubts, by becoming uncircumcised i do not want to challenge sunnah of circumcision.. here i thought by doing circumcision once i have already fulfilled sunnah of circumcision and i want to become uncircumcised to feel it and experience it only for satisfying my curiosity and my wife also want to try it once we know circumcision is best we want uncircumcised for a change and to try it, later after some years of experience i would circumcise myself again, i have already talked with one mufti before on this matter and he said it is against sunnah to uncircumcise but it isnot sinful if no haram methods are involved in doing it, plus the purpose of circumcision is to maintain cleanliness and hygiene i promise to maintain strict hygiene after being uncircumcised, also i would circumcise later once i am done trying it, is there any chance and possibility of doing uncircumcised? Last time when i asked the question you have answered that when there is a danger against Muslims you can become uncircumcised in such situation, i want to clarify here that to become uncircumcised it takes time atleast oneyear hence i need to start doing it today by predicting the potential danger in future seeing the current communal atmosphere in country. And i think its time to decide it right now and start doing it as conditions are deteriorating, so am i allowed to do it noe in such situation? By seeing all above conditions is there any condition under which i can be allowed to become uncircumcised? Please read my points carefully and enlighten me accordingly Thank you Jazak'Allah



I am sorry I cannot quite understand your insistence on resorting to a course of action that is recommended or permissible in the Shari`ah.

 

Circumcision is an integral feature of religious traditions inherited from the previous prophets, which the Prophet Muhammad (peace be upon him) came to restore and institute.

 

Therefore, it is not befitting a true believer to opt out of the decisions made by Allah and His messenger to please their carnal desires or whims and fancies. Allah says,

“Now whenever God and His Apostle have decided a matter,  it is not for a believing man or a believing woman to claim freedom of choice insofar as they are concerned: for he who [thus] rebels against God and His Apostle has already, most obviously, gone astray.” (Al-Ahzab 33:36)

 

Therefore, I would urge you to dispel such Satanic whisperings. You can empower yourself by offering the following supplication:

 

Allaahumma habbib ilayna al-eemaana wa zayyinhu fee quloobinaa wa karrih ilayna al-kufra wa al-fusooqa wa al-‘isyaan

 

(O Allah, endear faith to our hearts and embellish our hearts with it, and bless us to abhor disbelief, shameful deeds and disobedience.”

 

Allah Almighty knows best. 

Assalamu Alykum, We are sunni and a boy in our family wants to marry a Shia girl. He wants to know, from any reference either from the Quran or any hadith, that his children should be raised as sunnis



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

There is no such reference to such an issue in the Islamic sources. It is up to the husband and wife to make a prenuptial agreement where they could stipulate such an arrangement.

 

It is not advisable for a Sunni to marry a Shia person without such a prior pre-nuptial agreement to preempt any future disputes on such issues as well as other potential conflicts due to celebrations, rituals, etc

 

There is nothing wrong in marrying a Shia person as long such issues are sorted out in advance.

I pray to Allah to guide us to the right decisions that would bring peace, harmony, and reconciliation in our spousal relations.

 

Allah Almighty knows best.