Rules Pertaining to Nikah (Marriage)
(Shaykh Ashraf Ali Thanwi)
Miscellaneous Fatwas Related to Marriage
(Maulana A S Desai)
Marriage to Women of Ahlul Kitaab
(Maulana A S Desai)
An Attempt to Override the Shariah Rule of Hurmat-e-Musahara
(Maulana A S Desai)
The Islamic Status of Muslim Marriage Sites
(Mufti Muhammad Sajaad)
FATWASQ. In the Middle east there is a system of marriage called Misyar which is a temporary marriage. Is this practice permissible? A Mufti says that it is difficult to say that Misyar is haraam. Please comment.
A. We have written on the haraam practice of misyar ‘marriages’. It is simply Shiah mut’ah in a disguised form. It is not permissible. Islam knows only of Nikah. It does not teach or propagate another form of ‘nikah’ called misyar or mut’ah. If it was genuine Nikah, they would not have labelled it misyar. The contention that ‘it is difficult to say that it is completely impermissible’, is baseless. The objective (maqsad) of a fatwa is to bring Muslims closer to Allah Ta’ala. The objective is not technical arguments such as dalaa-il discussed in a Madrasah.
Statements which embolden people to perpetrate sin and acts which are in conflict with the Maqaasid (objectives) of the Deen should be unambiguously prohibited regardless of technical permissibility. It is indeed despicable for a Mufti to leave a loophole for permissibility for such a dastardly practice so much resembling Shiah mut’ah, when misyar defeats and negates almost all the maqaasid of Nikah. Even if he discerns a slight possibility of permissibility, he should not speak in a manner which opens a door for Fitnah.
Misyar is legalized prostitution in Saudi Arabia and in other parts of the Arab World, It is a kind of temporary ‘marriage’ akin to the Shiah practice of Mu’tah notwithstanding certain differences between the two immoral practices. Zina has been elevated to the status of marriage with the designation of Misyar which means “visiting marriage”.
It is an unholy, temporary, promiscuous, clandestine alliance with a woman, in which all the rights of Nikah are denied to the so-called ‘misyar wife’. The only objective of the haraam misyar alliance is sexual gratification. It is in fact legalized prostitution for which the Saudi ‘scholars’ have given the stamp of holiness. In this unholy promiscuous alliance, the man is absolved of all the obligations of an Islamic Nikah.
The woman has no rights whatsoever. Her only obligation is to live like an animal with the man whenever his sexual instincts constrain him to visit his mistress of misyar. In this haraam relationship regarded as ‘marriage’ by the Saudi ‘scholars’, a man has no responsibilities towards the woman. He does not have to provide her a home, financial support or to spend the night with her. The alliance is one of carnal convenience to fulfil only at the bestial behest of the man. The following is a typical application form which a man in search of a clandestine ‘misyarspouse’ submits to the escort agency which arranges the misyar alliance.
‘Dear Customer, Please fill out the following form so that we can best serve you. Remember, we are here to meet all your needs. Our motto is: ‘All fun, no responsibility.’
I am seeking a wife between the ages of: (15-20) (21- 25) (26-30) (30-35) (36+) Height—— Weight——Complexion—- Tribal affiliation (in order of preference) ————————————— Status: Virgin, Divorced (with or without children?) ………………………………… Widowed (w or w/o children?) ……………. Next, please mark the following choices so that we may decide which marriage best suits your personal needs. I would like a wife who agrees to relinquish the following rights: …….Right to housing …….Right to financial support …….Right to time (spending the night especially) ……. Right to children ……..Right to public announcement of marriage …….All of the above I would like a wife to meet the following needs: …….Owns a home or lives with her family ……. Has her own job …….Enjoys travelling …….Speaks English …….Attractive ……. Open minded (to do things my current wife will not do) ……. All of the above. Thank you for your time.
The total service fee will be determined by your above choices (Saudi Riyals 5,000 — 15,000). You are required to pay SR 500 to initiate search.’ (Arab News 19th August 2006)
The sacred institution of Nikah has been reduced to the level of prostitution. Every aim and object which the Nikah stands for is negated by the corrupt ‘fatwas’ of the Saudi ulama-e-soo’ (evil learned men) who come fully within the glare of the following Hadith of Rasulullah (sallallahu alayhi wasallam):
“Verily, I fear for my Ummah the Aimmah-e- Mudhilleen”.
That is, scholars of this ilk who mislead the Ummah and pave the path of Jahannum for them. All of these vile misyar alliances of prostitution are clandestine affairs. The wife of the man and his family are never informed and are not supposed to know of the zina alliance. The very nature of the misyar alliance — the secrecy and the complete annulment of rights, obligations and duties — effectively assigns it into the confines of prostitution.
Prohibiting all kinds of clandestine, haraam relationships such as misyar, mityar, mut’ah, etc., the Qur’aan Majeed states:
“And lawful for you besides these (prohibited classes of women) is that you search with your wealth (other chaste women) for retaining them (in marriage), not for fornication…. (Aayat 24, Nisaa’)
The abominations of misyar and mut’ah come fully within the scope of the prohibited clandestine alliances of fornication stated in these Qur’aanic verses. The misyar-mut’ah alliance is a denial and negation of everything holy for which Nikah stands. The primary motive for the divine injunction of Nikah is procreation of the human race.
The misyar-mut’ah evil is the very antithesis of this Divine Motive. All the rights and respect which Nikah gives rise to are totally eliminated in the unholy Saudi alliance of fornication marketed as lawful misyar. While cohabitation in Nikah is for fulfilment of a Divine Purpose, in the misyar-mut’ah alliance cohabitation is for no reason other than sexual gratification in exactly the same manner in which the lowly beasts give vent to their sexual instincts.
Insaan (the human being) is the noblest of Allah’s creation. He is not expected to degenerate to the level of dogs and asses in the exercise to gratify his natural sexual instincts. This gratification creates responsibilities which misyar annuls. The woman is not chattel to be discarded at the wayside after the man has satisfied his animal behests. Nikah confers the lofty pedestal of wifehood and motherhood to a woman who is taken into a bond in the Name of Allah Azza Wa Jal. An honourable being taken into custody in Allah’s Name for the attainment of a Divine Goal may not be dumped in the wasteland of the streets after the man has achieved his animal motive of sexual gratification.
Misyar-Mut’ah is an immoral relationship designed by corrupt deviant ‘scholars’ to satisfy only the animal instinct, while Nikah is divinely ordained to preserve chastity, moral purity of body, mind and soul. Precisely for these reasons did Rasulullah (sallallahu alayhi wasallam) say: “Nikah is half of Imaan.” There is no lofty goal in the immoral aberration of misyar. Sexual cohabitation is lawful only with wives. But, the idea of wives does not occur in misyarmut’ah relationships. These are secret alliances which are hidden from the male’s family and from the society in which he lives.
A horrible consequence of misyar is the generation of fatherless children it spawns. The callousness of misyar men could be well gauged from the massive and cruel social problem they are creating solely to satisfy their inordinate sexual appetite. While the woman in the misyar alliance is compelled to relinquish all the rights which the holy marital bond guarantees her, at the end of the misyar stint, she sits with the burden of unwanted fatherless children. The immoral man simply disappears. The Saudi misyar relationship is just as invalid as the Shiah mut’ah alliance.
The common factor in both haraam alliances is the intent to strike up a temporary relationship for the attainment of sexual gratification. This is the one and only objective of both immoral institutions. From the very inception of the fraudulent ‘marriage’, the man’s intention is to abandon the woman after he has gratified himself. Therefore the misyar ‘marriage’ is encumbered with the condition of total relinquishment of all rights by the woman.
The man enters into this foul union with the mutual agreement that he has no duties and obligations to the woman. The only purpose of the relationship is sexual gratification for a temporary period even though the period may not be verbally specified. The Saudi Institute of Islamic Religious Law may succeed in the stratagem of self-deception, but Allah Ta’ala cannot be fooled with the technicalities which the corrupt ‘scholars’ mis-manipulate to serve the carnal appetite of men who are totally bereft of every vestige of Taqwa. A family life is an imperative requisite of the holy institution of Nikah while the Saudi immoral practice of misyar has no scope for the cultivation of a family life.
Saudi ‘scholars’ present some truly ridiculous arguments to justify misyar. They are at pains in the exercise of comparing misyar with Nikah (marriage). Their conclusion is that just as certain acts do not invalidate Nikah, so too they do not invalidate misyar. This conclusion presupposes that misyar is an institution apart from Nikah. But there is no such thing as misyar in the Shariah. If misyar was just another name for Nikah, there would not have been the need to laboriously make a comparison between the two institutions in an endeavour to validate the former on the basis of the latter. It is indeed an insult to Islam to term misyar a marriage union.
The very designation ‘misyar’ given to the unholy alliance testifies that this relationship is not Nikah. ‘Misyar’ means ‘visit’. The man in this union only visits the woman when he has a need to sexually gratify his lust like an animal. Many men who enter misyar alliances stipulate callous conditions such as: “If you become pregnant, you are divorced.” “If knowledge of the marriage becomes known, you are divorced.”
Viewed from every angle, misyar is not Nikah. It is a haraam immoral relationship of zina. Misyar has become a widely prevalent practice in Arab countries. It is increasingly gaining acceptance for two reasons: (1) The stamp of legality accorded to misyar by the Saudi liberal scholars who lack true knowledge of the Shariah. (2) Man’s insatiable sexual lust. Although there are some differences between Saudi misyar and Shiah mut’ah, both are evil, immoral, haraam practices which have neither origin nor sanction in Islam.
Q. My father has sexually molested me. I am a young girl of 13 years. How do I conduct myself with my father?
A. You have to stay far from him. He is a grave danger to you. He is liable to repeat his evil. You should not be alone with him. You have to treat him as a dangerous stranger. If you are speaking the truth, then his nikah with your mother has ended. You should inform your mother of what has happened so that she may separate herself from your father. When she does leave him, go with her. Never live with your father.
Q. An adult teenager sexually molested his sister of 6 years. This continued for several years. The girl has now informed her parents. What is the brother-sister relationship now according to the Shariah?
A. All hijaab restrictions exist between this girl and the devil who happens to be her brother. She should not regard him as her brother. He has become a total stranger for her. This is not the first incident of this kind which has come to our notice. Such vile episodes of immorality are frequent occurrences between men and their daughters-in-law, men and their step-mothers, etc. It is therefore not surprising that the Fuqaha have ruled the need for a certain degree of hijaab to be observed for these categories of relatives. Stupid people wonder and scoff at such precautionary restrictions.
Q. If a man greets family women by hugging them, is his nikah with his wife still valid?
A. If the woman he hugs is the wife’s mother and such hugging generated passion, then the nikah terminates. Besides this, it is not permissible for a man to hug his mother-in-law or any ghair mahram female.
Q. After the death of my father, my husband’s father married my mother. He is therefore, both my father-in -law and stepfather. One day, whilst I was alone in the room, he entered and engaged me in conversation. Then suddenly he grabbed and hugged me. He tried having sex with me. I harshly admonished him and tried my best to physically ward him off. After screaming at him, he withdrew and went to take ghusl. He had groped me very immorally. Now what is the Shariah’s command for us?
A. When people ignore or scorn the Shariah, then they becomes entrapped in the snares which shaitaan and the nafs prepare for them. The Fuqaha have fourteen centuries ago warned that it is incumbent for a man to maintain a distance from his daughter-in -law and vice versa. The Shariah orders a degree of hijaab for them, and also for a man and his stepmother, and vice versa, and for a man and his stepdaughter, and vice versa.
Whilst these kinds of relatives are mahram of a kind, the fitnah of sexual lust is ever present. If the man had not married the woman who is his wife, it would have been permissible for him to marry her mother. This clearly confirms the presence of the fitnah of lust which is kindled when hijaab is relaxed – when they become too friendly and when they are alone. Now see what has happened in this case. It is about the worst disaster. Your Nikah has terminated, and never can you ever live with your ‘husband’ as man and wife. There is no way in which your relationship with your now ex-husband can be repaired. The damage is irreparable and perpetual. In addition to your marriage having ended, the marriage of the devil (your father-in-law/ stepfather) with your mother has also perpetually ended. Two marriages have been destroyed for life by the evil Satanism of a man who succumbed to the inordinate lust of his satanic nafs.
Now, regret is of no avail. When the shaitaan (your father- in-law) had perpetrated his villainous immorality, he was fully under the spell of Iblees. When the nafs overshadows the Aql, then a man is incapable of thinking. Imaam Ghazaali said that when a man is overcome with lust – especially filthy lust of this type – then 75% of his brain cells become inoperative. After he has destroyed himself, shaitaan steps aside. The man then comes to his senses, and shaitaan mocks at him while the unfortunate slave of the nafs shed tears. But then it is too late.
When we proclaim the Haqq of the Shariah – what the Fuqaha have ruled – and we say that a female may not travel alone with her father-in-law nor be alone with him, then some satanic ‘molvis’ disgorge considerable rubbish. Now let these moron ‘molvis’ unravel the rot in which these two woman and the devil are trapped. If you and your mother, because of fear and shame for people, sweep the filth under the carpet and continue to live with your ex-husbands, then know that you will pass the rest of your days in an adulterous union, and the resultant offspring will be illegitimate. Be more concerned of the ultimate humiliation and punishment in the Aaakhirah.
What has happened to you, is happening on a large scale in the community all over the world. Almost total lack of fear for Allah Ta’ala coupled with ignorance of the Shariah induces people to conduct themselves recklessly and to plunge into immorality without any concern for the ensuing terrible consequences in this world and in the Hereafter. It is essential – Waajib – to exercise extreme caution for in-law relatives.
Q. Is the use of condoms permissible?
Minds polluted with the immorality of the western cult of life dwell on such immoral items. It should be understood that the primary motive underlying the production and distribution of these items of shaitaan, is ‘safe’ zina (fornication). Fornication has spread like wildfire in the wake of these filthy instruments of zina. It is haraam for Muslims to use such vile instruments of zina. Besides the evil spiritual effect, these despicable items cause physical injury as well.
Q. I have divorced my wife. Often thoughts of her come to mind and I derive pleasure when I think of our intimate relationship. Is this type of fantasizing permissible?
A. Talaaq renders the ex-wife a total stranger (ghair mahram). She has become to you just as any other ghair mahram woman. All aspects of Hijaab and prohibition have to be incumbently observed. According to the Hadith sexual pleasure derived with the mind/heart as a consequence of picturing a strange woman is zina of the heart. Hence, your fantasizing on your ex-wife is haraam zina of the heart.
Q. I am happily married and have two children. I often think of a man whom I had intended to marry before I was married to my husband. Are such thoughts sinful?
A. What doubt can you have in these evil thoughts being sinful? These thoughts are bothering your conscience. Rasulullah (sallallahu alayhi wasallam) said: “Sin is what bothers your conscience.” You are guilty of zina of the heart and of treachery. You are treacherous to your husband with whom you are happily married. You are betraying his trust and the trust of your children. Don’t allow the nafs and shaitaan to destroy your purity. These thoughts will culminate in greater evil. You are inviting Allah’s Wrath to settle on you. How will you feel if it transpires that your husband is fantasizing about other females? Will you be happy?
Q. If a man entertains lustful thoughts about his ex-wife, will such thinking be sinful?
A. According to the Hadith the heart also commits zina. To lust with the heart or mind is zina of the heart. To entertain lustful thoughts of the ex-wife is in the same category as lustful thoughts of women with whom Nikah was never performed. Such thoughts are zina of the heart which is haraam.
Q. Youth of almost every country, in the absence of (or avoidance) of a regular married sexual life, indulge in masturbation as a means of relief. Please discuss its illegality from the Islamic point of view and support with appropriate quotations.
A. May Allah Ta`ala save all Muslims from the disasters of immorality. The evil of masturbation is strictly prohibited in Islam. In the Tafseer of the Qur`aanic verse:
‘Those who seek (to fulfill their sexual desires) by means other (than their wives), verily, they are the transgressors.’ (Surah A1-Muminoon)
It is stated that in this verse is proof that masturbation (as well) is Haraam. This is the view of the learned authorities of Islam. Hazrat Ibn Juraij (rahmatullahi alaiyh) said: ‘I asked Ataa’ (rahmatullahi alayh) regarding masturbation, and he replied: It is Makrooh (i.e. Makrooh Tahrimi) which means detestable and in terms of the Shariah, Makrooh Tahrimi refers to acts which are prohibited in Islam notwithstanding the fact that the prohibition is of a lower degree than the prohibition denoted by the term, ‘HARAAM’. Hazrat Ataa (rahmatullahi alayh) also narrated a Hadith of Rasulullah (sallallahu alayhi wasallam) stating that on the Day of Qiyaamah a group of people will be resurrected with their hands being pregnant. Commenting on this Hadith, Ataa (rahmatullahi alayh) said: “I am of the opinion that this group refers to people who masturbate.” (Tafseerul Mazhari)
Q. Is masturbating unlawful for both men and women? What if a woman had committed this act without knowing that it is haraam? How does one give up this evil act?
A. This abomination is haraam for both men and women. Those who indulge in this unnatural act of immorality are accursed. They are cursed by Allah and His Angels. Taubah (Repentance) is Waajib (obligatory) for past sins. Allah Ta’ala forgives all sins if the Taubah is sincere. When this vile shaitaani urge develops, then contemplate immediately on Maut and its pangs of horror. Meditate on you perishing while you are indulging in the filthy accursed abomination. Ask yourself: What will be my condition if I have to die while indulging in this evil? Think of the two Recording Angels who are constantly with you. Ask yourself: Have I no shame for these Angels who are looking at my sub-bestial deed of abomination? Contemplate on the omnipresence of Allah Ta’ala. He says in the Qur’aan that He is closer to you than your jugular vein. By such meditation, Insha’Allah, you will rid yourself of this debasing act of immorality.
Q. How abhorrent is masturbation according to Islam?
A. Among the sins of crass immorality is the act of masturbation. The numerous questions being asked in this regard indicate that this abomination is widely prevalent. Masturbation is among the major sins. It is a sin of the lowest bestial character.
In the kitaab, Tahtaawi it is said: “Masturbation is haraam because Nabi (sallallahu alayhi wasallam) described the masturbator as a ‘mal-oon’ (cursed)”. Hadhrat Ibn Juraij said: “I asked Ataa’ about masturbation and he said: It is abominable”. I have heard that a group of people (on the day of Qiyaamah) will be raised with their hands pregnant. I think that they will be such persons (i.e. masturbators). Hadhrat Saeed Bin Jubair said: “Allah punished a community which indulged in masturbation”. The reference here is to a community of people of former times. They were destroyed by a punishment, which descended on them from the heavens. Their crime was habitual indulgence in this evil. According to the hadith, there will be seven types of persons on whom Allah will not cast his gaze of Rahmat. Among seven, one is a masturbator. Those involved in this unnatural and bestial form of carnal gratification should fear Allah Ta’ala whenever they are about to indulge in this abomination. They should reflect: “What will be my position if Malakul Maut takes my Rooh while I am involved in this bestial act of immorality? Allah Ta’ala is watching me. The Malaaikah are recording my evil”. With such thoughts, the evil demands of the nafs should be rejected.
Q. I am a long-term prisoner having been sentenced to a term of twenty years. Is there any concession for a man in this situation to practice masturbation?
A. There is no concession whatsoever. The long term in prison is no argument for such an evil concession. Consider the case of a boy who has just attained puberty. He is fifteen years old. He marries only when thirty or more. In spite of him being under greater carnal nafsaani pressure then yourself on account of him being surrounded by scantily and provocatively dressed immodest and lewd females in the outside world, there is no concession for him to commit masturbation or zina. He simply has to restrain his carnal passion, maintain his purity and fear Allah Ta’ala. The prisoner is under lesser carnal duress than the freeman. Imprisonment is not a valid reason for commission of immorality.
Q. Is oral sex permissible?
A. Insaan (the human being) is Allah’s noblest creation. Allah Ta’ala has ennobled him with a beautiful Rooh (Soul) and Aql (Intelligence). Then Allah Ta’ala adorned these wonderful gifts with the greatest treasure, namely Imaan. While kuffaar are expected to descend to levels lower than even bestial animals, Insaan has to constantly progress up the spiritual ladder to attain lofty heights in the sphere of Divine Proximity. It is indeed most despicable for a Mu’min who understands the goal of life and who believes in Allah and the Last Day to demean and degrade himself into the commission of such a vile and filthy misdeed such as oral sex. This practice is not permissible.
Q. A Shaafi Alim told me that according to his Math-hab sperm is paak (taahir/clean, not impure), hence oral sex is permissible.
A. Tell this man that inspite of sperm being ‘paak’ in his Math-hab, his Math- hab says that when he ejaculates sperm he becomes so polluted that ghusl becomes Waajib. The degree of pollution which sperm causes prohibits him from even using his tongue to recite even one verse from the Qur’aan Shareef. This is the type of qiyaas (analogical reasoning) which the juhhaal (ignoramuses) of today employ to legalize evil, immorality and haraam acts. May Allah Ta’ala save Muslims from such deceits who parade as Alims.
Q. A wife refuses to submit to her husband’s demand for oral sex. He tells her that since oral sex is not haraam, it being only makrooh, she comes under the curse of Allah Ta’ala for being disobedient to him. What should she do?
A. She should refuse. She should not submit to this vile bestial demand. His claim of Allah’s la’nat (curse) on her is baseless. He uses the Name of Allah Ta’ala for an evil unlawful act. His statement: “It is only Makrooh”, is akin to kufr. Makrooh is not a licence for committing an evil act. Those who adopt the attitude of Istikhfaaf for the sake of committing misdeeds hover on the brink of kufr. In fact such an attitude is kufr. Istikhfaaf is to commit a wrong believing it to be an insignificant act. Hadhrat Aishah Siddiqah (radhiyallahu anha) said: “Beware of regarding sins to be insignificant.”
Q. Some muftis are saying that oral sex is permissible if condoms are used. A mufti also said that sex toys are permissible. The mufti discusses these topics on the internet. Is this correct?
A. Indeed, these stupid ‘muftis’ of this era are signs of Qiyaamah. In this age of immorality, filth, abandonment of Hijaab, elimination of Haya and honour, these extremely short-sighted ‘muftis’ with their superficial book knowledge and shallow brains are promoting unnatural, sub-bestial acts of immorality and zina. They are astray and mislead others as well. They are the juhala mentioned in the Hadith whom other juhala will consult. These jaahil ‘muftis’ are unable to distinguish between right and left. They gather firewood in the darkness not knowing on what their hands fall, whether on najaasat or on snakes. A Mu’min of healthy Imaan does not need brains and deep knowledge to understand the abomination and absolute degradation of the unnatural, filthy act which is dubbed ‘oral sex’. This filth is haraam. Our detailed article attached hereto discusses it further. The answers to your questions are:
(1) Oral sex is haraam regardless of using zina devices such as condoms, the use of which is also haraam. (2) Sex toys are instruments of Jahannum, fit for only shayaateen. How can people of Imaan degenerate to such a level which is below the level of even sewer rats and pigs? (4) It is absolutely lewd and shameless bordering on lack of Imaan and presence of Nifaaq to discuss such topics in public or in a bayaan or on the internet. He further encourages people to commit zina. The jaahil ‘mufti’ who does so appears to be a sexual pervert, hence his brain cells are not operating.
According to Imaam Ghazaali (rahmatullah alayh), when a man’s sexual lust settles in his brain, then about two thirds of his brain cells become inoperative. It is for this reason that these shayaateen masquerading as ‘muftis’ are blind and deaf to the shock and indignation which their shamelessness generates among people of healthy Imaan. By publication of such lewd filth they are encouraging and propagating sexual perversion and zina. The obligation of an Aalim of the Haqq is to bring the Makhlooq closer to Allah Ta’ala by exhorting them to focus on the Aakhirah. It is pure Satanism when a person who professes to be a ‘mufti’ minimizes the evil, filth and immorality of acts of sexual perversion, then aggravates the immorality with the fallacious division between fiqh and morality.
Fiqh was never intended to be a licence for moral filth, immorality, sexual perversion and evil. Fiqh does not provide a licence for sexual abomination. The classification of the Ahkaam into classes has an entirely opposite meaning to what these ‘mufti’ sexual perverts of this era have understood. The sign of a true Aalim is encapsulated in the following Hadith: “Looking at him reminds you of Allah; his talk increases you in Ilm, and his amal reminds you of the Aakhirah.” But these perverts encourage Muslims to move closer to the destroyed nation of Nabi Loot (alayhis salaam).
Q. I am forwarding a lengthy article which justifies oral sex. In fact it proclaims the virtues of oral sex. Please respond.
A. It is pointless responding to the rubbish which a sexually depraved modernist has written. These modernists lack Imaan. Their religion is bestialism and unnatural sexual perversion. They are sexual perverts. They are worse than apes. They are like the nation of Nabi Loot (alayhis salaam). Allah Ta’ala eliminated the sexual perverts from the surface of the earth with showers of stones from the heaven.
Sexual perverts such as the character who wrote the rubbish will only understand when the Wrath of Allah Ta’ala settles on them. They have degenerated to levels far lower than the beasts, for even the animals in the jungles do not resort to such filthy acts of sexual perversion which human devils describe as ‘oral sex’. Their brains and hearts are soiled with filth. Perhaps this filthy abomination is indulged in by only the progeny of Iblees. The vile barbarian who justifies the filth of this act of sexual perversion audaciously drags the Qur’aan into his rubbish justification. It is an insult to discuss Qur’aan and Hadith with persons from whom the stench of sexual perversion emanates.
What do these perverts know of the Qur’aan? Their unnatural nafsaani eroticism has made their intellect erratic, hence they think like devils. Devilish perverts will not hesitate to gratify their inordinate and unnatural sexual libertinism with even pigs and apes. Every Muslim regardless of how stupid he may be, is aware of the prohibition of anal sex.
When the anus which is a repository of najaasat (filth) is haraam for sexual gratification, by what stretch of Imaani logic can the mouth of Insaan, the noblest specimen of creation, be permissible for the unnatural, filthy carnal gratification? The anus despite being the aperture of filth is taboo for sexual gratification, yet men suffering from pig’s mentality hold the mouth which is the aperture of Thikrullaah and passageway for the wonderful bounty of food, a lawful avenue to gratify their acts of sexual perversion. Subjecting the Mouth which is the Organ of Thikrullah, to filthy acts of sexual aversion is despicable in the extreme.
Q. What is the Islamic view on oral sex?
Oral sex between a husband and wife is considered as Makruh Tahrimi by the jurists, since there is strong possibility that by ejaculation, Mazi occurs and enters the mouth of the partner. There is consensus amongst the Fuqahaa that Mazi is Najis (impure).
Man has been created as a bearer of high and noble attributes. In him he mirrors the attributes of divinity (Sifaat-e-Ilaahiyya) such as life, knowledge, power, will, sight, hearing, speech, love, etc. In the authoritative Tafseer of the aforementioned Aayat, it is said that Insaan (man) has been adorned with the Noor of Aql (the light of intelligence). This celestial faculty of intelligence creates in Insaan the capacity for the manifestation of the lofty and divine attributes of Allah Taãla. By virtue of the Noor of Aql man becomes incandescent by being a mirror for these lofty attributes and manifestation (Tajalliyaat-e-Zilliyah and Sifaat-e-Zaatiyyah). As a direct consequence of this lofty pedestal which Insaan occupies in the Divine Scheme, the mantle of Khilaafah (vicegerency) has been conferred on him. Stating this fact, the Qurãn declares: ‘Verily I shall be creating on earth a Khaleefah.’
In the Tafseer of the Aayat mentioned at the beginning, it is also said that in relation to all the species of life, man has been endowed with the most beautiful form. All other animals have been created in a lowly form with their heads downwards. Their faces constantly pointing downwards to the earth indicate their low rank in relation to man. In contrast, man has been created upright and he eats his food by means of raising it with his hands unlike the lowly beasts with faces downwards.
In the Tafseer of the Aayat, it is said that when man willingly destroys his natural ability to progress to the pedestals of elevation, he degenerates and falls from his lofty mansion. He then falls to levels lower than the level of dogs, pigs and even Shayaateen.
According to the authentic Tafaseer, prior to the creation of Aadam (Álayhis salaam), the Malaaikah (angels) entertained the opinion that Allah Taãla will not create any being superior to them. Allah Taãla negates this opinion of the Malaaikah by creating Aadam (Álayhis salaam) and making him a manifestation of divine attributes. To illustrate Insaan’s superiority over all species of creation, Allah Taãla commanded the Malaaikah to make Sajdah (prostration) to him (Nabi Aadam (Álayhis salaam). The superiority of man is well emphasised by the statement of Rasulullah (Sallallaahu Álayhi Wasallam): ‘Allah created Aadam in His (Allah’s) form.’ Insha-Allah, this Hadith will be explained in greater detail in some future issue of ‘the Majlis’.
Here it is sufficient to mention the interpretation of the authorities intelligence, sight, hearing, etc. These lofty attributes are located in that part of the human body called head. It is for this reason that Rasulullah (Sallallaahu Álayhi Wasallam) forbade striking or slapping the face of any human being or even an animal. In the Tafseer of the Qurãnic Aayat which permits husbands to beat wives in cases of necessity, it is said: ‘The face shall not be slapped’. Explaining the reason for the prohibition of slapping the face, Imaam Nawawi (RA) says in his Sharhul Muslim, ‘Because the face is the embodiment of man’s beauty in addition to it being of sublime nature.’
In man there are six metaphysical or non-material or spiritual faculties known as the Lataa-if-e-sittah. Two of these lofty faculties, viz. Lateefah Khaafi and Lateefah Akhfa are located in the head. The Lateefah Akhfah is located in the centre of the brain while the location of Lateefah Khafi is between the eyebrows. The functions of these faculties are the highest states of reflection and contemplation, progressing from the high state of Fana to Fanul Fana. These are spiritual or Roohani stages which shall not be discussed in this article.
In the Ahaadith, the following narration appears. ‘Verily, your mouths are pathways of the Qurãn, therefore purify your mouths with Miswaak’. The Makhaarij or places from whence Qurãnic huroof (letters) emanate are located in the mouth. The high Ibaadat of Tilaawat of the Qurãn shareef is effected via the mouth, hence the Hadith describes the mouth as the ‘pathway of the Qurãn’. Since it is, literally speaking, the channel for the recitation of the Qurãn shareef, Rasulullah (Sallallaahu Álayhi Wasallam) emphasised much the maintainance of its purity.
The emphasis on the purity of the mouth could be gauged from the many times Rasulullah (Sallallaahu Álayhi Wasallam) would use the Miswaak everyday to clean his mouth. The practice of Miswaak is strongly stressed by the Shariáh. In one Hadith, Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘When the servant of Allah uses the Miswaak and then performs Salaat, an angel stands behind him, listening attentively to the recitation of the Qurãn. The angels draws closer and closer to the reciter and places his mouth on the mouth of the reciter. Thus every word emanating from the mouth of the Musalli enters the angel’s mouth. Therefore, maintain your mouth pure and clean for the Qurãn.
The actual purpose underlying the creation of man is Zikrullah or the remembrance of Allah Taãla. Rasulullah (Sallallaahu Álayhi Wasallam) ordered Muslims to maintain their tongues fresh with the Zikr of Allah Taãla. The facts mentioned above will indicate that Insaan is Ashraful Makhluqaat (the noblest of creation) and the noblest part of his body is his head which is the location for lofty faculties and attributes which earn for him the designation of ‘the form of Allah’.
In order that he maintains his lofty rank and progresses continuously towards loftier mansions and closer Divine Proximity, it is essential that man exercises restraint over his physical and animal qualities. If he fails in this respect, he will descend to a level below the lowly beasts. Allah Taãla has endowed man with intelligence, will-power and shame. He must employ these attributes to subdue his animal and carnal desires and refrain from indulgence in the excesses of lust. If he fails in this achievement he will annihilate himself spiritually and degenerate to sub-animal levels.
The sublimity of Islam is of such a lofty degree that it exhorts its adherence to adopt dignity, deportment and propriety in even sexual relationship. Rasulullah (Sallallaahu Álayhi Wasallam) advised his Ummah to abstain from total nudity when indulging in sex and not to behave ‘like asses’. Since Islam is a culture of transcendental values calculated to ensure maximum remembrance of Allah Taãla, a Muslim should not debase himself to a sub-animal level by resorting to the vile practice of oral sex.
The mouth of Insaan is the pathway of the Qurãn, his tongue has been commanded to remain fresh with Zikrullah; his mouth is situated in the noblest part of his body; the functions of his mouth are noble and lofty; his mouth is a passageway for transference of the recited Qurãn into the mouth of the listening angel. He cannot, therefore, debase and dishonour himself so disgracefully by resorting to the revolting practice of oral sex. A Muslim should not dishonour that head and face which the Shariáh of Islam commands to be honoured. Allah Taãla honoured the human head with noble qualities, the highest being the Noor of Aql, but man debases that lofty part of his body by indulging in an act of bestiality not even committed by the lowly beasts. It does not behove man in general, and a Muslim in particular to degrade himself in this manner.
The Mu’min’s link with Allah Taãla is so strong or ought to be so strong that the Shariáh has prescribed a particular Duá to be recited even when a man approaches his wife for sexual relations. Even at the moment of reaching climax and ejaculation, the Muslim is required to read in his mind (without moving the lips) a special Duá so that he remains protected from any Shaitaani interference.
We learn from the Hadith of Rasulullah (Sallallaahu Álayhi Wasallam) that Shaytaan attempts to interfere with man even while he indulges in lawful sex, hence the wording of the special Duá for this occasion is: ‘O Allah! Protect us from Shaytaan and protect the offspring you grant us from Shaytaan’. Allah Taãla has honoured man highly, hence the Qurãn says, ‘Verily, we have honoured the sons of Aadam.’ He is therefore not allowed to debase himself with the bestial acts which even the lowly beasts do not commit. The mouth is an honoured part of the physical body. It is not a receptacle of impurity. The Shariáh emphasises the maintainance of its purity.
Even in the developing foetus, Allah Taãla has arranged for the maintainance of the purity of the mouth. The umbilical cord connects the developing embryo to its mother. It is the passageway in which exchange of nutrient and waste materials with the circulatory system of the mother takes place. In man the umbilical cord arises at the navel below which is the location of the rebellious Nafs which reduces man to sub-animal levels if not restrained.
Why does Allah Taãla not create the foetus with the umbilical cord attached to its mouth so that its nutrition reaches it in the normal way, viz. Via the mouth? Right until the very last moments prior to its emergence into the external world, the baby’s nutrition is via the umbilical cord. Immediately on reaching the outside world its nourishment reaches it from the mouth. Since the umbilical cord is also the passageway for impure waste matter, its connection is near to the location of the lowly nafs. The mouth has thus been guarded against impurities.
The facts presented in this article should be sufficient to convey to Muslims that their Imaan and the spirit of the teachings of Islam do not permit them to grovel in the dregs of debasement and perpetrate moral injustice by utilising the mouth for deriving sexual pleasure. This is not the function of the mouth. It is a misappropriation of an amaanat (trust).
All parts of the body are Amaanat which have to be utilised in accordance with the instructions of Allah Taãla. Such contamination and moral pollution as entailed by oral sex are most unbecoming the dignity and rank of man, especially if the Insaan appears to be a follower of the illustrious Shariáh of Muhammad (Sallallaahu Álayhi Wasallam). Allah Taãla states in the Noble Qurãn, ‘Verily, Allah loves those who purify themselves.’
Q. A couple in their early 40s are experiencing sexual problems. The husband is feeling pressured since he can no longer satisfy his wife. A friend advised him to take certain tablets which are 100% natural. The tablets have proven beneficial. However, both husband and wife who are using these tablets can no longer function without the medicine. How should a Muslim couple deal with this sexual crisis?
A. The crisis is, in all likelihood, a punishment for past sexual abuses and misdemeanours. Innumerable people are suffering from partial and complete impotency. They had enslaved themselves to the demands of the bestial nafs, indulging in vices of moral turpitude. Remember, that every action has a sequel right here in this dunya. The punishment of the Aakhirah is a separate issue.
Whilst the punishment of the Aakhirah could be averted by means of sincere Taubah (Repentance), the physical damage wrought by sin is sometimes enduring, lasting lifelong. Young people, and even married ones, conducting themselves worse than even animals, indulge in a variety of acts of sexual perversion such as masturbation, oral sex, anal sex, etc. Then when the punishment of impotency and other forms of ailments strike, they frantically search for remedies, but to no avail.
The temporary ‘relief’ which medicinal remedies offer comes at a heavy price. The health further deteriorates. Generally, there is no valid cure for impotency. All the stunt and gimmick remedies offered by physicians and even by quacks, cause more complications without really curing the disease which is the consequence of the sin of sexual perversion.
Also understand that every act which violates Allah’s Law of Hijaab is a nail in the coffin of potency. Thus, staring like an insane person at females or casting lascivious glances at ghair mahaareem, also diminishes potency. In fact, deriving pleasure in the mind by thinking of evil, zina and the like, also exercise a detrimental effect on a person’s potency. The punishment is commensurate to the crime. The ‘crisis’ which this couple and innumerable other couples are confronted with, will remain with them lifelong. They have to come to terms with it and understand that this type of self-inflicted damage is irreparable.
However, they have the consolation of Taubah to secure their success and happiness of the Aakhirah. Life is short. Allah Ta’ala is Most Merciful. He forgives all sins. The couple should simply exercise patience. Whether they adopt patience or not, they are helpless. Impatience is not the cure for impotency. However, patience and repentance may just be helpful. But, they should resign themselves to their current status for the little time they have left in this dunya. Young people should take note and understand that by indulging in sexual perversion they will regret and cry when it is too late.
Q. Is it permissible to speak during sexual relations?
A. It is spiritually harmful to do so. Islamic morality is a lofty culture which disallows all demeaning acts which besmirch the golden treasures of Aql (intelligence) and Rooh (the Soul), which Allah Ta’ala bestowed to Insaan (the human being).
Q. A couple wants to get married. The boy's parents have consented, but the girl's parents refuse. Despite the refusal, the boy and the girl remain in touch. Is it permissible for them to get married without the consent of the girl's parents?
A. If the girl is a follower of the Shaafi’ Math-hab, the Nikah without her father’s consent will not be valid. If she is a Hanafi, then while the Nikah will be valid without the father’s consent, nevertheless, it will be sinful for her to marry in conflict with the wishes of her parents. Such marriages are usually devoid of barkat and happiness. If the parents have a valid reason for refusing permission, the boy should not insist. He should terminate immediately the relationship and not conduct a clandestine affair in which he incurs the Wrath of Allah Ta’ala. No matter how difficult it may be, the boy and the girl should muster up courage and not get married against the wishes of their parents. We have seen many such marriages ending up on the rocks. Soon after the marriage, problems develop. What happiness will the girl have if her parents who had reared and nourished her for all these years are unhappy?
The one issue is the displeasure of the parents which is a very serious matter. The other issue is Allah’s displeasure. It will be extremely unintelligent and ridiculous if the girl to please her parents does not proceed with the marriage, but continues to maintain a relationship with the boy. Such a relationship in Islam is called zina. It will be a greater sin to continue having contact with the boy. If they are determined to continue the haraam relationship, then it will be better to get married even without the consent of the parents. But then they must be prepared for unhappiness after marriage. But if the girl is a Shaafi’, a male Wali is imperative for the validity of the marriage.
Q. Regarding a brother who has become entangled in a relationship with a girl and whose parents refuse permission for them to get married.
A. The answer for the brother who has become entangled with the girl is as follows: Brother, every moment you are with the girl, every time you look at her, every time you think of her and everytime you have any kind of contact with her even telling her about Islam, are all accursed times. Rasulullah ((sallallahu alayhi wasallam) made dua as follows: “O Allah! I seek Your protection against an evil moment and an evil friend.”
In relation to you and the girl, both the evils mentioned in this Hadith apply to both of you. The time you spend with her is evil for you and evil for her. You are evil company for her and she is evil company for you. You have established a zina relationship. Every moment of this relationship brings the curses of Allah and His Malaaikah on you. The sin is more on you, especially since you are a Haafiz of Allah’s Qur’aan.
In the circumstances the only solution is to get married to the girl immediately regardless of the displeasure of the parents. You are not allowed to obey others when such bedience involves disobedience to Allah Ta’ala. If you abstain from marriage in obedience to the wishes of the girl’s parents, and then you continue with the haraam zina relationship, then you are not a worshipper of Allah Ta’ala. You will be regarded as a worshipper of the girl’s parents. Yes, you should obey their wishes only if you are prepared to terminate the haraam relationship forthwith. But, if you do not, then the Waajib option is that it is compulsory for you to get married even before you put our letter away. Zina brings the curse of all creation on you.
The Nikah can be simply performed with just two witnesses in any place. You don’t need an Imaam or the public at large for the validity of Nikah. May Allah Ta’ala guide and protect you and the girl from the lusts of the nafs and from the deception of Shaitaan.
Q. I am a 16 year old girl. I met a man from another country. I spoke to him briefly. He gave me his contact details. He says that he wants to meet my parents and propose marriage. I have met him only once. Is this relationship permissible in the Shariah? I have confided in my mother, but she is unable to give me any sound advice. The worst part is that he is 31 years old. Now I want to marry him. Please advise me.
A. The relationship is haraam. Our advice is that you should forget this man. You don’t know even if he is married and has children. You are extremely childish. A wrong move in this matter can ruin your life forever. Many women have ended up in misery by marrying unknown entities from other countries. Many have written to us about their predicament. It is extremely unintelligent to plunge into darkness without even knowing what dangers lie ahead in the darkness. If he is an honest Muslim, then he will and should speak with your father. Your father will or should then know what the next step will be. Our advice is that you should banish this unknown man from your mind and terminate this haraam relationship which can perpetually ruin your life. May Allah Ta’ala guide you and protect you from the snares of shaitaan and from the evil of your own nafs.
Q. I have a personal issue that I am all tangled up in and as a Muslim I look towards Allah to get help in my situation. I am a seventeen year old senior student in a Detroit Michigan, USA high school. One of my best friend is in Montreal Canada and he has a friend in his high school who is a girl… i talked to her as a friend about 4 months ago. But, after the first two weeks we started going out with each other.. i went to Montreal to see her once and still we are going out with each other even though the distance is a bit too much…..The problem is that she is hindu and she is 14 years old… I cant leave her because now I am afraid that if i do i will hurt her badly….and she is willing to become a muslim…our parents on the other hand, might not be so negotiable. I am asking you to please help me with your knowledge that Allah has bestowed upon you….I don’t know how to deal with this problem…Please take my email into consideration and reply as soon as possible…or at your convenience.
A. You have created a massive spiritual and moral problem for yourself by becoming embroiled with a female, especially a non-Muslim. Understand well that you are perpetually under the Wrath of Allah Ta’ala as long as you maintain this haraam premarital relationship. If you are not prepared to terminate this haraam relationship, then there is no alternative but to legalize it with marriage.
The first step is to get the Hindu girl converted to Islam. While the conversion is simple, the consequences will be difficult for you to bear. You have her parents to contend with. You have also your parents to face. Both sets of parents will not approve. Furthermore, if you have your Nikah performed, will you be able to consummate the marriage? Perhaps the kuffaar law of the U.S.A. will prosecute you because the girl in terms of the kuffaar law is under age. You are liable to be arrested for having sexual contact with a girl under 16. This is the position in South Africa. We think that it might be the same in America.
If you do get Islamically married to her after she accepts Islam, where will the two of you live? If she will be living with her parents, she will still continue like a Hindu. If she leaves home, her parents can get the police on to you and charge you for abuction because the girl is under age. Reflect on all these problems. It is not only conversion and Nikah. These two issues are the simplest. It takes only one minute to convert her to Islam, and three minutes to have the Nikah performed privately. But will you be prepared for the storm that will erupt thereafter? Will you be able to weather the storm? Reflect! If you will not be able to bear the difficulties, then there is no sense in getting involved in a situation which will be beyond your bearing ability.
The Islamic and the best thing to do is to think intelligently, to make a decision with your intelligence and not to become a slave of your emotions. This entails that you harden your heart and terminate the relationship forthwith. Tell the girl that if she is sincere, then she should accept Islam and practice it to the best of her ability in whatever circumstances she may be in. Then at a future date when she is of such an age that you will not fall foul of the law should you marry her and she leaves home, then the marriage can take place.
May Allah Ta’ala guide and protect you against the evil of the nafs and the deception of shaitaan. Understand well that the girl is only 14. She is not in position nor in her proper frame of mind to make an intelligent decision. The result of this type of relationship is, in most cases, disastrous. As she grows, her outlook on life will change. In our opinion she is not intellectually mature enough to make a decision of momentous proportion. Should you have further queries, do not hesitate to write.
Q. A man’s wife has died. He wants to get married now to her niece (brother’s daughter). Will the Nikah be valid?
A. The Nikah will be valid. If his wife was alive, then whilst married to her, Nikah with her niece would not be valid.
Q. Zina was committed. The woman is pregnant. Can he marry her whilst she is pregnant?
A. It is permissible for him to marry her in this state.
Q. A pregnant woman married another man, not the one who made her pregnant. Is the nikah valid?
A. The nikah is valid. But, sexual relations are not permissible. They may cohabit only after delivery of the child.
Q. Is it correct that according to the Maaliki Math-hab a man may not marry the woman with whom he had fornicated? What is the view of the other Math-habs?
A. According to all Math-habs it is permissible for a fornicator to marry the woman with whom he had committed zina. However, according to the Maaliki Math-hab, the Nikah must take place after the ‘iddat’. If the woman is pregnant, she must first give birth or if not pregnant, then the usual iddat of three periods will apply. After the iddat he can marry her. If he marries her within the iddat, nikah with her will not be valid, and in this case it will never be permissible for him to marry her. The everlasting prohibition applies if they had ‘married’ during the iddat.
Q. A man has had an illicit affair with his wife’s sister. Is his marriage still valid?
A. Although the haraam immoral affair is vile to the extreme, the marriage is still valid. Rasulullah (sallallahu alayhi wasallam), emphasizing stricter purdah for the brother-in-law, said: “The brother-in-law is the Maut (Death of his sister-in-law).”
Q. A nikah was performed whilst the woman was in the state of menses . Is the nikah valid?
A. The Nikah is valid even during the state of menstruation.
Q. I had sexual relations with my wife while she was menstruating. I regret what I have done and have repented and asked Allah Ta’ala to forgive me for having committed this despicable act. What else can or should I do to compensate for this evil?
A. Taubah is the main requirement. However, it is good to give some Sadqah as well. Sadqah and good deeds in general aid Taubah and efface sins.
Q. A man married a woman whom he had impregnated before Nikah. Several months after the Nikah, the child was born. What is the status of this child?
A. If the child was born six months or more from the date of the Nikah, it will be regarded as legitimate by the Shariah. If it is born even one day before six months, the child will be illegitimate. The six months are Islamic months. The illegitimate child does not inherit in the estate of his/her biological father. The child inherits in his/her mother’s estate.
Q. A divorced woman married another man during the iddat. What is the status of the marriage and the child? What can the woman do to rectify her misdeed?
A. The marriage is not valid. The child is illegitimate. She has to repent – make Taubah.
Q. A Muslim girl is getting married to a Christian man. Is such a marriage valid in Islam?
A. Nikah between a Muslim woman and a non-Muslim man is never ever valid. She will be living in zina with such a man and the children will be illegitimate.
Q. What is the status of a Muslim woman who has married a Hindu man? Are the children of this union Muslims?
A. A Muslim woman cannever be married to a kaafir man. She is living with the Hindu in zina. The children are illegitimate. If she believes that her ‘marriage’ is valid, then she is a murtad. If she accepts that she is living in adultery and that there is no marriage with the man in terms of the Shariah, and if she does not practise any Hindu rituals, then whilst she will remain a Muslim, her Imaan will be on the verge of extinction. If she rears the children as Muslims, they will be Muslim otherwise not.
Q. A Christian woman embraced Islam, not her husband. What is the state of their marriage? What should the woman now do?
A. If the Christian woman has embraced Islam, but her husband does not, then their marriage terminates and becomes null and void. The woman will be free to marry a Muslim man after having completed iddat. She should immediately separate herself from him. He is no longer her husband. If both embrace Islam together, their former marriage will be regarded as valid.
Q, My brother publicly and shamelessly displays his haraam relationship with a woman. When I admonished him, he retorted that it is his sin and he will be punished, hence I should not worry. He will now be getting married to the woman. I do not want to attend his Nikah. The family says that I will be guilty of breaking family ties by abstaining. What should I do?
A. In fact, it will be sinful for you to attend the Nikah of your insolent, faasiq brother who has displayed contempt for Allah Ta’ala. Your family is in error. Ignore their protests and boycott your brother’s Nikah.
Q. Can a man get married to and Christian lady and she remains Christian?
A. While marriage to women of the ahl-e-Kitaab is valid, it is no longer permissible in view of the grave danger such a marriage poses to the Imaan of the husband as well as the resultant offspring. A valid and even a permissible act becomes haraam when companied by evils and dangers. Hereunder is the text of a letter which was in response to a similar question:
While marriage to women of the Ahl-e-Kitaab is permissible, it should be understood that any permissibility becomes prohibited when detrimental and harmful factors become attached to it. The Qur‘aan does not make mandatory marriage to women of the Ahl-e-Kitaab. It merely permits it. But, the example, rulings and advices of the Sahaabah as well as of the illustrious authorities of the Quroon-e-Thalaathah (the first three noble Ages) discourage such marriages on account of the inherent dangers.
When Ameerul Mu‘mineen Hadhrat Umar (radhiallahu anhu) learn that the eminent and senior Sahaabi, Hadhrat Huzaifah (radhiallahu anhu) had married a Jewess, he immediately wrote a letter commanding Hadhrat Huzaifah (radhiallahuanhu) to divorce his Jewish wife. In fact, he ordered that the divorce take place immediately even before he (Huzaifah) puts the letter down. Hadhrat Huzaifah (radhiallahu anhu) complied with this instruction. It is not a question of whether the Afrikaner woman is a member of the Ahl-e-Kitaab or not. Even if it accepted that she is a woman of the Ahl-e-Kitaab, the marriage is frought with grave dangers. In our experience are countless such marriages. Even after the non-Muslim Kitaabi woman embraces Islam and marries a Muslim man, the marriage is in most cases in turmoil on account of great deficiency in Imaan.
If the woman retains her kufr religion, the danger is greater. She will exercise a profound harmful effect on the children. Some children will go to church; some to mosque or they may attend both Musjid and church. The woman will eat Haraam and feed her family Haraam. It cannot be expected of her to attach importance to Halaal when she herself devours Haraam. She will mix and consort with the opposite sex since Islamic Hijaab rules will be pure drivel to her. In the absence of her husband she will not deem it offensive to allow other males inside the house or to go off with another man on some errand, etc. In fact, the total conflict in cultures and beliefs is bound to give rise to grave problems affecting and even destructive to Imaan. If the man is of weak Imaan, he may soon become a murtadd.
In view of these dangers in such marriages, the Fuqaha have ruled that notwithstanding the validity of such marriages, they are nevertheless, Makrooh Tahreemi. The example of Hadhrat Umar (radhiallahu anhu) and of other Sahaabah is adequate for us. They surely had a better understanding of the Qur‘aan than us. Their insight was deeper and their comprehension was imbued with the Noor of Imaan by virtue of their association with Rasulullah (sallallahu alayhi wasallam).
The Qur‘aan allows divorce, but the Shariah discourages it. While it is permissible to perform Salaat with only a loin cloth covering the essential part of the body (the satr), this is discouraged by the Shariah and if a person has suitable garments and he performs Salaat in this fashion he will be sinning notwithstanding the validity of the Salaat. While the Qur‘aan permits the husband to lightly beat his wife in cases of grave disobedience, the Shariah discourages it notwithstanding that the husband will not be sinning if he uses his Qur‘aanic right.
In short, many permissible things are discouraged. Alternatively, permissible things become unlawful when attended by danger or harmful factors. This is a Principle in Islamic Law. In view of the concomitant evils and dangers, marriage to a Christian or Jewish woman in this day is not permissible. And Allah knows best.
Q. Is it permissible for a Muslim male to marry a Christian woman even if she refuses to embrace Islam?
A. Marriage to Christian and Jewish women in the present age is not permissible. This prohibition is based on certain principles of the Shariah. Do understand that in terms of the Shariah, any permissible (mubah) act which constitutes a danger to a man’s Imaan or which leads to bid’ah, becomes haraam. In this age, if a man marries a Christian woman who refuses to embrace Islam, then his own Imaan is in danger. He will live with a woman who: * Eats haraam, including pork * Who consumes liquor * Who mingles freely with males * Who will not dress Islamically nor observe the rules of Hijaab * Whose food he may not consume for the real fear of her serving haraam. * Who will rear the children as kuffaar. * Who will take the children to church and to other Christian functions * Who will observe her religious functions such as Christmas, Easter, etc., and the children will join in. * Who will ensure that the children grow up as Christians. * Who will refuse to take Ghusl-e-Janaabat, thus perpetually remaining in a filthy state. In view of all these evils, it is not permissible to marry women of the Book while they retain their religions. In the early days when Muslims would avail themselves of the permissibility, none of the above listed dangers existed, and the woman ultimately embraced Islam. But, today, the very danger of the man’s Imaan being extinguished exists. We have seen numerous such cases happening.
Q. Is it permissible for a Muslim man to marry a Christian or Jewish woman who retains her religion?
A. In this era it is not permissible to marry Jewish or Christian women if they do not embrace Islam. The Imaan of the husband will be exposed to kufr, and the children in most cases will be reared as kaafir. Hence marriage to them in the present scenario is not permissible.
Q. Some scholars say that it is permissible for a Muslim to marry a non-Muslim woman even if she retains her religion. Is this correct?
A. These ‘scholars’ are in grievous error. They pave of the destruction of Imaan for the man and the children of such a hybrid union. It is not permissible for a Muslim man to marry a non-Muslim woman if she refuses to embrace Islam.
Q. A non-Muslim girl embraced Islam and is prepared to get married to a Muslim, but her parents do not consent. Can she proceed to marry without her parents approval?
A. If the girl embraces Islam, Nikah with her will be permissible. A Muslim girl’s Nikah without the consent or knowledge of her non-Muslim parents is valid. A non-Muslim, be he a parent, has no wilaayat (jurisdiction) over a Muslim.
Q. In Bosnia they believe that it is not permissible for cousins to marry. Is it in conflict with the Shariah for cousins to marry?
A. They are ignorant hence they believe that it is not permissible for cousins to marry. Bosnians are by birth Hanafis, but they are ignorant due to having lived under communist rule. May Allah Ta’ala guide them and us all. May Allah Ta’ala keep you with aafiyat. Marriage to a cousin is perfectly permissible.
Q. Is a child born six months after Nikah legitimate?
A. The child born six months from the date of Nikah is legitimate according to the Shariah.
Q. Is marriage permissible with a hermaphrodite?
A. By hermaphrodite we understand a person with both male and female organs. If the sex of this person cannot be determined by way of one organ being functional, not the other, then marriage to such a person is not permissible. It is necessary to determine the sex of this person before marriage could be permissible.
Q. In our community it is considered necessary for a widow of even 60 and 70 years to marry again. Societal pressure constrain such widows to marry. What is the Shariah’s view?
A. It is permissible for 60 and 70 year old widows to marry again or to abstain from marriage. It is their choice. The custom of constraining them to get married is un-Islamic and bid’ah. It depends on their desire to marry or not.
Q. I have been told that it is not permissible to marry during the months of Muharram and Safar. Is this true?
A. It is perfectly permissible to get married in Muharram and Safar. It is not permissible to believe what you have been told.
Q. Is marriage during the month of Muharram sinful?
A. It is in fact sinful to believe that marriage in Muharram is sinful. This erroneous belief stems from Shi’ism.
Q. A baalighah girl did not want to marry the boy who had proposed for her. However, her father was adamant that she should get married to him. Although she had refused, her father went ahead with the Nikah. When permission was sought from her, she cried. Was the Nikah valid?
A. Since the girl had clearly informed her father that she does not want to marry the boy, her crying was not consent. In the background of her refusal, and abstention from verbal acceptance, her crying signified refusal. As such the Nikah is not valid.
Q. After a man’s wife died, he married his daughter-in-law’s mother. Is this marriage permitted in the Shariah?
A. This marriage is permissible.
Q. After a man married his cousin it was established that during infancy both were breastfed by the same woman. What is the condition of their marriage and the child born of this marriage?
A. If the man and the woman were breastfed by the same woman during their infancy (i.e. 30 Islamic months from birth), then both are milk-brother and sister. Their marriage is not valid. They have to separate. The child will be regarded legitimate.
Q. Is it permissible for a man to marry his daughter-in-law’s mother?
A. It is permissible.
Q. A man has two wives and offspring from both. These children in turn have children. Can they intermarry?
A. These children are cousins. Marriage among them to one another is permissible.
Q. The wife of a man committed adultery during her husband’s absence from home. After some years the husband discovered this through his wife’s diary written in her own writing. The husband is now not on talking terms with her. What should he do in this case according to our Muslim law?
A. The Shariah does not demand that she be divorced. If she has mended her ways and truly regrets her heinous action and repents then we feel that, it would be meritorious if the husband maintains the Nikah bond. Although the husband will be within his rights to divorce the unfaithful wife, but severing of the marriage bond brings many heartbreaking consequences in its wake. The crime, as you say, was committed years ago, she may have realised her evil act and have repented. If she is prepared to live faithfully with her husband now and in future, we advise that the home be maintained. And, Allah knows best.
Q. When I was a non-Muslim I had an illicit affair with a non-Muslim woman. A child was born of this relationship. I have now embraced Islam. What are my obligations towards the child and what are my rights?
A. You have no legal rights over the child according to the Shariah. The man who fathers an illegitimate child is not accepted as the legal father of the child. Legally in the Shariah, you have no right over the child nor any obligations towards him/her. However, if you wish to assist with the maintenance of the child, you may do so. But you may not have any contact with the child’s mother unless she embraces Islam and you get married to her.
Q. A man has two wives. He has daughters by both. His brother wants to marry the daughter of the second wife. Is this permissible?
A. Marriage is simply not valid here. The man is the paternal uncle of the daughters of his brother. How can he have such evil intentions? The question of marriage simply does not feature between a man and his nieces, whether maternal or paternal. In view of the fact that this uncle has lustful designs towards his niece, it now becomes Waajib (compulsory) for the observance of full hijaab. The nieces have to treat him as a complete stranger. He ceases to be a Shar’i mahram for them. Neither may they speak to him nor greet him nor appear in his presence without Hijaab, including niqaab.
Q. A married, infertile woman became pregnant by the test-tube technique. The sperm of another man was used. Is the child legitimate? Will this child inherit in the husband’s estate? What does the Shariah say about the paternity of such a child?
A. Morally the woman is guilty of zina, though not in terms of the Zaahiri Shariah. The husband who permitted this vile, immoral haraam act is a Dayyooth (immoral cuckold who puts up his wife for prostitution). Inspite of the gravity of the sin and evil, the child is legitimate since it was born to a woman in wedlock. The paternity of the child is established. He will bear the name of this Dayyooth. The child will inherit normally. It should be understood that the test-tube technique is not permissible even if the husband’s sperm is used. And, the ‘fatwas’ of modernist so-called ‘fiqh academies’ of Egypt and Saudi Arabia carry no substance in the Shariah.
Q. An adult Hanafi male married an adult (Baalighah) Shaafi woman without the consent of her parents. Is the nikah valid?
A. Although consent should have been taken from the woman’s parents, nevertheless, the nikah is valid in terms of the Hanafi Mathhab. It should be understood that the consent of the elders is necessary in terms of all Four Math-habs. The marriage is deprived of blessings if the consent of the parents is not acquired. According to the Shaafi Math-hab, the Nikah will not be valid if a woman is not represented by a man irrespective of her being an adult. According to the Shaafi Math-hab, an adult woman can never contract her own nikah. It is imperative that a male contracts her nikah. But according to the Hanafi Math-hab the nikah is valid and if the consent of the parents was not taken for no valid Shar’i reason, then both the man and woman are sinful notwithstanding the validity of the nikah. This is not to be taken lightly as many young people nowadays do.
Q. A modernist wants to know how could Hadhrat Umar (radhiyallahu anhu) have prohibited mut’ah which was allowed by Rasulullah (sallallahu alayhi wasallam)?
A. Ask the modernist from whence did he get the idea that it was Hadhrat Umar (radhiyallahu anhu) who had first prohibited it? Even if it was Hadhrat Umar (radhiyallahu anhu), then too, the entire Ummah, including the Sahaabah, submitted and accepted the validity of his decrees. But the factual position is that it was Rasulullah (sallallahu alayhi wasallam) who had unequivocally prohibited mut’ah. The modernist’s problem is that despite lacking Islamic knowledge, he reads shiah literature which appeals to the nafs, hence he joined the Shiahs in the slander against Hadhrat Umar (radhiyallahu anhu).
Q. I was told that the Math-habs don't allow marriage outside the Math-hab. Is this correct?
A. It is incorrect to claim that the Math-habs prohibit marriage outside the Math-hab. It is permissible for a follower of one Math-hab to marry a follower of another Math-hab.
Q. I am married for the last 20 years. My husband had embraced Islam before our marriage. He says that he does not want to practice Islam and that he had converted merely to marry me. Can I go on living with him?
A. His statements have rendered him a murtad (renegade). He is no longer a Muslim. You are no longer his wife. The Nikah has ended. If he sincerely repents and again embraces Islam, then a new Nikah will have to be performed before you can be his wife again.
Q. A Muslim woman renounced Islam. She became a Christian. After some months, she regretted and re-entered the fold of Islam. What is the state of her marriage with her husband? Is she allowed to marry another man?
A. This woman, although having renounced Islam and becoming a murtaddah (renegade), cannot marry another man after her re-entry into Islam. She has to compulsorily marry her husband. A new Nikah has to be performed between them.
Q. A Muslim woman married a Shiah man. Is the nikah valid? If not valid, what is the status of the children?
A. The nikah of a Muslim woman with a Shiah is not valid. The children of this haraam union are illegitimate.
Q. I am a young woman at university. I want to get married to a pious man who is among our relatives. But my parents insist that I should complete my university career first, then talk about marriage. I am fearful of being involved in sin. I am of the opinion that it is unjust and un-Islamic for my parents to insist that I wait for several years and first complete my university career. In fact, I have come to understand the immorality of university life and I want to get out of it. Is it permissible to have my nikah performed without the consent of my parents?
A. In the circumstances, if the man you wish to marry is an uprighteous Muslim, then you may get married without the consent of your parents. Your parents are behaving extremely childishly and unislamically. They have no regard for your Deeni well-being. It is haraam for females to attend university. Universities are beds of vice as you have observed. It is perfectly permissible, in fact Waajib, for girls to refuse to attend university even if their parents pressurize them.
Q. Recently in our city a Muslim boy got married to a Hindu girl. In addition to the Nikah in the Musjid, he went through the Hindu wedding ceremony in their temple. He put on the Hindu outfit and got married according to Hindu custom. What is the state of this boy?
A. By putting on the Hindu religious outfit and participating in the Hindu religious ceremony in their temple, this boy became a murtadd. He has lost his Imaan. It is incumbent that he renews his Imaan and repents.
Q. I was involved in a relationship with a Hindu girl who had promised to embrace Islam. However, I discovered that she was treacherous. Inspite of elders and friends warning me against this relationship, I was emotionally overwhelmed, hence I ignored all their advice. Finally, she brought false criminal charges against me and I was sentenced to 25 years in jail. Are there any special duas to recite for gaining an early release? Please make special dua for me.
A. Perhaps the jail sentence is a blessing in disguise. It is also a blessing (ni’mat) of Allah Ta’ala. It is quite possible that you would have lost your Imaan if you had continued the haraam relationship with the idolatrous and treacherous woman. Allah Ta’ala has saved you from her clutches and He has imposed on you the jail sentence as a trial and a punishment. You should repent, recite Istighfaar in abundance, reform yourself, be obedient to Allah’s Shariah and make thikr in abundance. If Allah Ta’ala wills, He will open up the way for your release. In the ultimate end, it is only He Who decrees. No one can thwart His decrees. Some Wazeefahs and Duas will be forwarded to you by post, In- sha’Allah. Young people intoxicated with emotional desires should take lesson and heed the advice of their seniors.
Q. I intend to marry in the near future. I am very worried because this man has a bad past. He had many girlfriends, slept around, is friendly to women and is liable to cheat on me easily. But at the same time I don’t want to lose him? Please guide me with advice?
A. You are not speaking rationally when you say, “I don’t want to lose him.” In fact you should make dua that Allah Ta’ala hardens your heart towards him. Forget him and do not commit the fatal error of marrying this man who is certain to betray you. Marriage is not a three day affair. A man of the kind you have portrayed is liable to betray you the very next day after marriage. Your life will be miserable with this treacherous and immoral man who may be suffering from Aids as well. Don’t destroy your life by submitting to the dictates of your nafs. Have sabr. Make dua to Allah Ta’ala and maintain the purity of your mind, body and heart.
Q. I am a girl attending university. A good Muslim boy has proposed marriage. I too am keen to marry him. But my father insists that I first complete my university career and become a doctor. I have another 3 years to go for this achievement. I am not interested in a medical career. Can I marry the boy without the approval of my father?
A. You have the full permission of the Shariah to proceed with your nikah. Even without the approval and consent of your father. Your father is guilty of violating the Waajib command issued by Nabi (sallallahu alayhi wasallam)—the command in which he ordered fathers to get their daughters married at the age of buloogh. Instead of submitting to this sacred command and fulfilling your haq of Nikah, your father has opened the avenue of zina for you. As such he has lost his jurisdiction over you. Go ahead, get out of the den of vice and zina (the university), and go ahead with the Nikah. The little storm will soon blow over and subside into nothingness. Let fathers take note of their villainy.
Q. I am a 21 year-old daughter of well-to-do and respectable parents. Although our family is considered to be religious, my parents have strong leanings towards westernism and modernism. The proof of this is my presence in a co-ed non-Muslim varsity pursuing a medical career. From the age of six, I was thrust into the lap of secular non-Muslim schools. The afternoon one hour madrasa class was, in retrospect, a symbolic adherence to Islam. But the seeds of the Deen which were implanted in my heart by the old fashioned mullah, had sustained the safety of my Imaan which otherwise could not have withstood the sustained ravages of the assault of 15 years of indoctrination by the materialists and atheists—my school and colleges tutors, and the buffetings of the depraved culture of the west which we are indoctrinated to accept as the code of enlightenment for the world. (Question continued…)
For 15 years I was exposed to a culture which stands diametrically opposed to Islam. Here I want to touch on only one aspect since the dilemma I am facing now has its origin in this aspect—free mixing with the opposite sex. The degree of this mixing with its natural immoral consequences cannot be denied by anyone who is aware of what takes place at college and varsity. From the Islamic perspective the evil and vice are total. No one can emerge unscathed from the cauldron of vice which characterizes high school and university life.
Circumstances of the western culture induced me to freely mingle with males. My father too is a professional man who went through college life, and he is well aware of what transpires at these secular institutions. For the sake of a secular career which promises security in the mundane world, and a high status, my parents, like all other Muslim parents whose sons and daughters attend university, cast an intentional blind eye to the rape of the modesty and moral purity their children suffer at these institutions.
The seeds of Islam which my mullah teacher many years ago planted in my mind led me to read Islamic books. This ‘unnatural’ inclination for reading Islamic literature in the merciless environment in which I was entrapped, I attribute to only my Islamic teacher. I must thank Allah Ta’ala for the good fortune of even those symbolic one hour classes. It can be only those seeds which grew into a tree with the root of Imaan reaching deep into the heart . I attribute the safety of my Imaan to only this, and nothing else. My reading broadened my Islamic vision and I came to understand my religion better.
The total freedom of association with the opposite sex, being in constant contact with them even in privacy took its toll. There is no inhibition to communication with the opposite sex at college. In fact, such contact is encouraged and actively fostered. Abstention from such indulgence is believed to be an aberration. It is extremely naVve and unreasonable to believe that my parents were unaware of this situation to which their daughter was being exposed from the day they had her enrolled in primary school. My contact with boys was initiated at their behest from the very first day of enrolment 15 years ago.
Friendship with boys increased as the years went by. From what I have read in my Islamic books, such relationship is a kind of fornication. Nevertheless I continued with such relationships with a variety of males. But deep in my heart I knew the error and sin of such illicit contact. About two years ago a ‘friendly’ relationship developed between a non-Muslim male at university and myself. The relationship became a serious one. The boy is of good natural habits and comes from a cultured home. His relationship with me led to him accepting Islam. He started studying the books I gave him and as far as I could see, he has become a practical Muslim in the context of the liberal environment of university life. Soon the subject of marriage was broached.
I raised the topic of marriage with my mother whose reaction was very hostile. When she discussed the matter with my father, his reaction was explosive. He was livid with anger. Not over his dead body would he allow me to marry the boy. I was and still am dumbfounded by their reaction. For 15 years they accepted and tolerated their daughter’s association with all types of boys— Muslims and non-Muslims—with boys whom they are not aware of. But their awareness of inter-sex relationships and contact is undeniable. They had tolerated the Islamically unlawful or illicit relationships for more than a decade, not breathing a word of reprimand, caution or advice against the pitfalls of such un-Islamic contact. But, when I attempted to correct the wrong with lawful Nikah, it seemed as if it was the end of the world for my parents. I simply cannot fathom this kind of thinking.
Fifteen years of ‘freedom’, exposed to the onslaught of western culture in liberal secular institutions have engendered in me sufficient ‘audacity’ to oppose my parents’ wishes. After all, I reckoned that I will be doing good, what is right and to please Allah if I terminate the illicit relationship with the holy bond of Nikah. We got married by Nikah without the approval of my parents. Have I erred in my decision and the step I took? My father has since disowned me. I am not allowed to visit my parents and he says that he will see that I do not inherit anything in his estate. As far as inheritance, it does not worry me. I have realized that Allah Ta’ala is our only Provider. My eyes are not on the wealth of my parents. What is however hurtful is the severance of ties. I am not allowed to even see my mother. Are my father’s actions within the parameters of the teachings of Islam? Both of us—my husband and I—have discontinued our study careers, and we do not regret one moment. Your comments will be appreciated.
We stand in ovation for the correct Islamic course you have adopted to rectify the immorality in which you had plunged yourself all these years with the active connivance, encouragement and aid of your misguided parents. The ‘disownment’ announced by your father besides being Islamically baseless, having no validity and no effect whatsoever, is old hat. He had ‘disowned’ you years—many years ago. The day he abandoned you into the care of kuffaar tutors, when you were six years old, that was the day when he had disowned you. on that fateful day did he initiate your journey to Jahannum. It is purely by the fadhl and karam of Allah Azza Wa Jal, that you were saved from total destruction right at the brink of the abyss of kufr and immorality. Allah Ta’ala in His infinite mercy saved you from going over the precipice.
Your decision to legalize your haraam relationship with Nikah was 100% correct. Your father could condone your zina relationships which you had conducted for more than a decade with his full knowledge. But Nikah was a great calamity for him. This is the standard reaction of such Muslim parents who entertain false ideas of their ’holiness’ and ’greatness’ in society. They have absolutely no care if their sons and daughters take the Path to Jahannum and everlasting perdition in the Aakhirah, as long as their (the parents’) false sense of worldly honour and pride is sustained. The warped mentality of condoning years of immorality and zina while despising Nikah, the act of correcting the aberration of immorality is shocking and betrays signs of kufr lurking in the hearts. We fail to comprehend the criteria which led you to believe that your parents are religious.
Parents who have cast their children, especially daughters, to the winds and wolves of immorality have no right to lament when their offspring either take the path of prostitution or Nikah in conflict with their wishes and without their knowledge and consent. When parents assign their daughters or even sons to the dens of zina called universities, they automatically relinquish control over them. The son or daughter then has the right to correct his/her illicit relationship by entering into the bond of Nikah even without parental consent. If they can condone and live with the zina which their daughter commits for years, then they can to a greater degree learn to live with the Nikah of their daughter. Their talk of ‘disowning’ their children and disinheriting them is palpable nonsense and injustice. Such ‘disownment’ has no validity in the Shariah. The daughter will just inherit her share in the wealth which Allah Ta’ala has given as an amaanat (trust) in the custody of the father. If he utilizes kuffaar laws to deprive her of her rightful inheritance, he should then be prepared to be enclosed in a steel coffin and flung into Jahannum on the Day of Qiyaamah.
Q. Is family planning permissible in Islam?
A. Family planning is a satanic kuffaar practice which is in conflict with the natural order created by Allah Ta’ala. It is not permissible.
Q. The female teacher at a madrasah flirts with my husband. What should I do?
A. The wife should ask her husband to resign from the Madrasah. If he is or will become involved with the female teacher, he will be trapped in prolonged fitnah, and may secretly marry her after a period of haraam commissions.
Q. Who is responsible for an illegitimate child?
A. The mother is responsible for her illegitimate child. The man who fathered the child is not the legal father in terms of the Shariah and he has no legal obligation to the child.