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Marriage-related Issues (Fatwa Session)

Dr. Mohammad S. Alrahawan
27 June, 2019

 

Dear Brothers/Sisters,

 

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

Thursday, Jun. 27, 2019 | 00:30 - 02:00 GMT

Session is over.

Assalamu alaikum sir, if a married man tricks or persuades adolescent girl who is housemaid in his house to do intercourse with him, is it adultery or rape according to Islamic law ? Can his wife take divorce in such case cause she finds this situation intolerable ?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh

 

If it happens by mutual consent of both man and woman, it is adultery. If it is done by force, it is regarded rape. If this husband repents his sin and show serious determination of this evil crime and signs of righteousness are shown to him, she can forgive him. If he insists on doing such an evil, does not attempt to reform himself or announce a sincere repentance, I suggest she claims divorce since he may be a cause of trial for her.

 

Almighty Allah knows best.

If a muslim commits kufr by uttering shirk and kufr words and says shahadah and seeks forgiveness and promises not to repeat it is that sufficient or he should feel remorse brother i struggled to feel remorse naturally so i try to force it upon myself and what if i comes across the words of kufr i uttered in the quran should i hate the words or pretend that i never committed that crime



Repentance should have the following conditions:

 

First, your repentance should be meant for the pleasure of Allah. It should not be intended for showing off.

 

Second,  you must express remorse for the sin you have committed.

 

Third, you must give up this sin.

 

Fourth, you must have a strong resolute not to make this sin again.

 

Almighty Allah knows best.

Assalamu alaikum sir, can husband divorce wife when he finds her unattractive especially in case of her pregnancy or after childbirth or she suffers from diseases/calamities /accidents or after her menopause or she is old or other alike situations? If it is really true, indeed marriage is frightening matter for women cause pregnancy, childbirth, disease, menopause & old age are part of her life. Even she may be the victim of accidents & other calamities if it is destined for her. For this reason she is in constant risk of divorce, right? It seems marriage is for those women who are world class beautiful & slim naturally. Even in their case, much of their beauty & figure are damaged by pregnancy & child birth. Even they are not free from disease, menopause & old age! Even they may be victims of accidents/calamities & lose their beauty.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

These reasons are not sufficient for divorce. Islam permitted a Muslim to marry a second and a third wife in case he is afraid he may commit fornication or is in need for a wife to pay much more care about him.

In all cases, he is allowed to practice polygamy after making sure he can afford those families and be just to them.

 

In such situations, a Muslim is not encouraged to divorce his wife, but he should maintain her and care about her even if she does not seem ideal and perfect in all aspects.

 

A woman in such a situation can also waiver some of her rights for the sake of maintaining her relation with her husband.

 

By all means life is not only constructed on physical relationship but there are other aspects which strengthen a person’s relation with his spouse which require struggling to be patient and being kind to the other parties specially when he or she is exposed to trials and tribulations of this life.

 

Almighty Allah knows best.

AOA scholar, I am very worried about an issue. I have read on your site and many other places that according to a hadith Prophet pbuh forbade selling and buying cats. I have always wanted a Persian cat, but still I won't go against Allah SWT and Prophet SAW. My question is that can I ask the cat breeder to gift me one of the cats since I keep donating/give charity to the breeding house for better care and nourishment of cats. In this case, cat will be a gift from their side. Will I still be sinful or is it fine? Please note I can't pick up any stray cat since it will impose my family to risk of numerous infections caused by unvaccinated cats. Please help me get out of this dilemma. Thank you



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

The view of the massive majority of Muslim scholars including Ibn Abbas, Ibn Sirin, Al-Hakam, Ataa, Hammad, Malik, Shafi’i, Ahmad, Ishaq and Abu Hanifa is that selling and buying cats is permissible (Nawawi, Majmoo’, vol. 9, p. 229).

 

Some scholars prohibited its selling and buying due to the hadith of Jabir who was asked about the price of a dog and a cat; he said: Allah’s Messenger disapproved of that (Muslim), but the majority of scholars maintained that the word ‘a cat’ is inserted by an unreliable narrator. So, it cannot be regarded as authentically included at the text of this hadith.

 

Almighty Allah knows best.

Assalam Alaykum, I have a question regarding the validity of my marriage. I’m married for over 10 years now. I met my Muslim husband and I was Christian at the time, He was not a religious person then. We slept together and I got pregnant. We were in love and immediately decided to get married while I was pregnant. I have also decided to accept Islam. We have more kids and Alhamdullilah we see baraka in our life. since then he made a Tawbah, Last Ramadan we listened to some questions and answers program and somebody has presented very similar scenario like ours and that scholar said that marriage is not valid. He said that they should have waited until the child was born, repent and then get married. We are worried now if our marriage is not valid. My question is if our marriage is valid or do we have to get married again? We did our best to cover our sin, so Allah will cover it for us but there are few people who know about the situation. Can we still hope that Allah will cover it for us even a few people knows about it? Please advice what is best for us now, do the Nikah again or split or stay together? We will do whatever it takes to make it correct Islamically. Jazaka Allah Khair.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

According to the view of Imam Malik and Ahmad, if a woman is pregnant of an illegitimate child, she cannot get married until she gives birth and declares her repentance of this sin.

 

According to Imam Ash-Shafi`i and Imam Abu Hanifa, she can get married to the person who had fornication with her even before the birth of that child. I think the view of Ash-Shafi`i is preferred because fornication does not prove any legal right. This is based on the Prophet’s saying, “A born child belongs to [legal] wedlock and the stone is for the adulterer.” (Al-Bukhari)

 

Umar (may Allah be pleased with him) was reported as slashing a fornicating man and woman and he showed concern on uniting them together through legal marriage.

 

Almighty Allah knows best.

This was 9 monen my daughter was around 4 or 5 months old i used to breast feed her. One day i was wearing my shirt and lying on my back my daughter was playing on top of me then suddenly she begain acting like she was feeding or more like playing on my chest. I felt some tingling and I didn't stop her fully. i liked that feeling and i am so ashamed of that but i never ever had any king of sexual thought with her. I never let her sit on me again. Next day I saw a bayan in which a molana said if a husband generats feeling for his daughter than his wife is haram to him or if wife generats feeling for her son she will be haram to her husband. I didn't gave it much thought because that never happened to me and so I moved on Now my daughter is 13 months old and it is ramadan. On the 3rd roza i thought i was not really in to my prayers and I thought maybe Allah is angry with me so i started thinking why and this incident came to my mind. I got so scared i cried alot and prayed alot and asked Allah for forgiveness. Shaitain is keep making me think what if my husband is no longer halal 4 me or what if i did had some kind of feeling and then i forgot about it becaue i don't have much memory of that day because it was a normal day. Please tell me of my husbnd is still halal for me. I am really worried plese help me thank you.



It is prohibited to have a sexual provocation with anyone except the husband. Allah described true believers as, “And they who guard their private parts. Except from their wives or those their right hands possess, for indeed, they will not be blamed -But whoever seeks beyond that, then those are the transgressors -“ (Al-Mu’minun  23:5-7)

 

What you have done with your little daughter does not cause any effect at all with regard to your relation with your husband. It does not render your relation with him haram in any way.

 

Almighty Allah knows best.

Assalamu alaikum sir, I'm trying to educate myself about authentic Islamic stance on female sexuality. As far I know Islam celebrates intimacy within lawful boundaries of marriage. To be honest as a woman I don't feel thrilled while reading this while I know, it is women who are marginalised in marriage. Rather this topics makes me so uncomfortable cause I get vibes that Islam venerates male sexuality & always gives more emphasis on male sexuality than female sexuality. At the initial level I read some writings on some Islamic websites in which it says about husband’s sexual rights to such extent that (for example they wrote it is the need of his), I thought wife has no such right. On further reading other source & other scholar's writing I realized I was actually wrong. So it’s crystal clear to you I'm not blaming all scholars for it. But still our community is not so much vocal about women's physical need like men's need. Rather I know some Islamic classes & teachers taught women "women who feel desire will not attain the pleasures of paradise ". Even those who recognize women's physical need as her legitimate right tells that in Islam husband’s this right is slightly superior than wife in intimacy area. Is it really true? I really need precise answer. Actually which is right? Does Islam really give extra importance on male's physical need & less importance on female's physical need in relative to male's? Or does Islam gives importance on fulfilling both male's & female's physical needs in equal amount? Please kindly help me to understand this. Thanks.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh

 

A woman’s fulfillment of her physical needs is one of her marital rights in Islam since chastity is one of the major objectives of marriage for both male and female. In the same way, it is a religious obligation that a man provides certain financial rights of the wife, he must also fulfil certain conjugal rights.

 

The wife has as much right to have her sexual needs fulfilled as the husband has. When informed of Abdullah Ibn Amr’s neglecting of his wife’s conjugal rights, the Prophet (peace be upon) reminded him that, ‘Your wife has a right over you.’ (Al-Bukhari)

 

Just as satisfying a spouse keeps him chaste and away from sin, satisfying one’s wife’s desire prevents her from sin and temptation. One should not presume a woman would be tempted any less than a man when his needs are not fulfilled. Moreover, Allah describes that marital rights are mutual among spouses, ‘Women have rights similar to those of men equitably.’ (Al-Baqarah 2:228)

According to a weak hadith narrated in Musnad Abu Yala, the Prophet is reported to have said, ‘If any of you has intercourse with his wife let him be true to her. If he attains his pleasure before her then he shouldn’t hurry her away until she also attains her pleasure.’

 

Though the hadith is weak, the meaning is sound as mentioned scholars. Therefore, a man who intentionally neglects his wife’s physical needs is not only abandoning his obligation, but also manifests a lack of understanding of the true nature of what Islam entails in practice.

 

Because one of the purposes of marriage is to keep the spouses chaste, spouses should satisfy each other’s physical needs whenever possible, without interfering with their other duties or causing harm to each other or themselves.

 

This will vary from person to person, couple to couple. Imam Al-Ghazali states in his Ihya that

“A man should make love to his wife every four nights … though he should make love to her more or less than this, according to the amount she needs to remains chaste and free of want since it is obligatory for a husband to enable her to keep chaste.’

 

Almighty Allah knows best.

Assalamu alaikum sir, if condition of not taking second wife is included in marriage contract but later husband secretly taking second wife, third wife,fourth wife so on. If first wife know that later can she take divorce?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

She has the freedom of either claiming divorce after taking all her full rights of dowry and maintenance or she accepts the situation voluntarily.

 

Uqbah narrated that the Prophet (peace be upon him) said, “The stipulations most entitled to be abided by are those with which you are given the right to enjoy the (women’s) private parts (i.e. the stipulations of the marriage contract).

 

Almighty Allah knows best.

Salem I need a help. I hv my cousin in Australia who is having problems with her house. She stayed in the village did which has very less people. It seems something wrong with her house. Her four year old daughter always cried at night. She did all the dua then also things r happening. So now pls help me. What should she do? Should she hang something or keep something for these. She offer namaj n Quran everyday. She is a doctor. We have heard some thing "ghar band or house close with some dua " so that bad things will not disturb her. Thanks Sadaf



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

A Muslim should follow guidance provided by the Prophet (peace be upon him) throughout all his affairs. The Prophet used to do ruqya. If you are dealing with an evil eye, black magic or even jinn, you can do ruqya on yourself.

 

It is highly recommended that an individual does ruqya on themselves first before seeking treatment from a raqi. The person who may be under these things has to remember the cure is NOT with the raqi and a cure does not happen instantly with a snap of your fingers.

 

Even when you are cured from these things, you must continue what you were doing, while you were dealing with these things. When you are performing ruqya on yourself, do not be afraid of anything but put your trust in Allah.

 

If you do not want to do ruqya on yourself, then you can contact a trustworthy, reliable raqi who does things according to the Quran & Sunnah.  The way of making ruqya is by reciting surahs 112, 113 and 114 in your palm while blowing it of your breath and then wiping the whole of your body with your hands.

 

I also recommend your sister to keep reciting sura al-Baqra at her house. Abu Umama said he heard Allah’s Messenger (peace be upon him) say:

 

Recite the Qur’an, for on the Day of Resurrection it will come as an intercessor for those who recite It. Recite the two bright ones, Al-Baqarah and Surah Aal-`Imran, for on the Day of Resurrection they will come as two clouds or two shades, or two flocks of birds in ranks, pleading for those who recite them. Recite Surah Al-Baqarah, for to take recourse to it is a blessing and to give it up is a cause of grief, and the magicians cannot confront it. (Muslim)

 

Almighty Allah knows best.

Asaalamu alaykum brothers and sisters, have come again please pardon me. I need help and solution, I'm Idris Aishatu & 37 year old lady no husband I have been facing challenge of disappointment for men's hand; any relationship I went into that will need to marriage it will not possible , I tried what I could do no way also I have visited a lot of Mallam's help me out of prayer after the prayer & they also gave me some prayer to be doing no way my problem still remain the same and getting worst day in day out, ever since I was born no good man come to my way physically to approach me except either through someone or through social media at the end disappointment will still follow. Further more, over the years there's dreams I use to have e.g. dream of river, sea, ocean, or any thing like water someone will be driving me with car, fish, any form of transportation, secondly: dream of Bridges walking seeing water under the bridge, also moving around seeing different kinds of people in a dirty environment , thirdly dream of woman backing baby I do communicate with the baby and the woman, sometimes dream of babies fake and real babies, dreams of nakedness bathing in the present of people, etc all sorts of unbelievable dreams. Sometimes I use to get Dua for this platform the one I did to catch the evil the evil appears in my dream he told me that I will not get married both in the dream I told the evil you are not my creator "Allah", is the one who owns the authority of heaven and Earth. Each time I do prayer and recite quran today especially were someone give me prayer if I do it is like it affect and some days he will come back even though I do that prayer again and again it will not work as in if he has go to his kingdom to distroy the prayer. My dear brothers and sisters the dreams am having or going through day in day out every blessed day it's become worrisome and disturbing affecting my walking life especially to secure my heart desires man to marry am confused I don't know what to do. Please brother and sisters I need help and solution. I'm from Nigeria I live in Abuja: this is my phone number: 08066598869. Thank you. looking forward to hear from you May Almighty Allah answer our prayer and oppressed our enemies for us. Aameen! Thank you.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

Dreams generally fall into one of three categories: good dreams, evil dreams and dreams which are reflective of what one thinks about.

 

Good dreams convey glad tidings or a warning against evil. When one sees a good dream, it is recommended to praise Allah and inform those whom you love about your dream.

 

Evil dreams are insinuated by the Shaytan. It is recommended to seek refuge with Allah from the Satan and to spit on your left side three times. You should not, then inform such types of dreams to anybody.

 

Those dreams, according to the statement of the Prophet (peace be upon him), are not going to cause you any harm. The third type of dreams are only reflection of one’s physiological and emotional status.

 

It was narrated from Abu Hurairah that the Prophet (peace and blessings of Allah be upon him) said: “Towards the end of time, hardly any dream of a Muslim will be false. The ones who have the truest dreams will be those who are truest in speech. The dream of a Muslim is one of the forty-five parts of Prophethood. Dreams are of three types: a good dream which is glad tidings from Allah, a dream from the Shaytan which causes distress, and a dream that comes from what a man is thinking of to himself…”

I think your dreams are of the third type. You should keep making supplications to Allah to provide you with a righteous and good husband.

 

Almighty Allah knows best.

Assalamu alaikum..... I have a question in my mind and i want u to answer it and clear my doubt... hope u will.... Is water stuck in nails haram if we throw it over someone.... Sometimes we just wash our hands and there is also water in our nails, can u say me that is this water stuck in nails haram ????? If its not then also plz give any example in contrast to it... I mean is there anything mentioned in the Quran or Hadith abt this, supporting this/against this????



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

There is nothing haram in this water. It is pure and purifying except if it remained on your body after making obligatory ablution or a ritual bath. In this case, this water is pure but not purifying.

 

Almighty Allah knows best.