Monday 4 July 2011

His wife reviles him and insults him. What should he do?

His wife reviles him and insults him. What should he do?
ar - en
There is a very ill mannered wife who slanders and insults her husband. He has warned her more than once, but she insists on insulting him. He cannot tolerate this but he has a daughter, and he fears for his daughter if he divorces his wife. What should he do?.

 

Praise be to Allaah.

If the wife insults and reviles her husband, then he must
advise her and warn her, and explain to her that her bad talk incurs sin,
especially since the husband is the most deserving of people of her respect
and good treatment, as the Prophet (peace and blessings of Allaah be
upon him) said: “If I were to command anyone to prostrate to anyone, I would
have told women to prostrate to their husbands, because of the rights that
Allaah has given them over them.” Narrated by Abu Dawood (2140) and
al-Tirmidhi (1159); classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

You should follow with her the method that Allaah has
mentioned in His Book, of admonishing, forsaking in bed and hitting in a way
that does not cause injury. If none of that is successful, then you should
seek help in advising her from a righteous person in her family, so as to
preserve the family and take care of the rights of the children, if there
are any. 

Allaah says (interpretation of the meaning): 

“Men are the protectors and maintainers of women, because
Allaah has made one of them to excel the other, and because they spend (to
support them) from their means. Therefore the righteous women are devoutly
obedient (to Allaah and to their husbands), and guard in the husband’s
absence what Allaah orders them to guard (e.g. their chastity and their
husband’s property). As to those women on whose part you see ill‑conduct,
admonish them (first), (next) refuse to share their beds, (and last) beat
them (lightly, if it is useful); but if they return to obedience, seek not
against them means (of annoyance). Surely, Allaah is Ever Most High, Most
Great”

[al-Nisa’ 4:34] 

Among the admonishment that you may use with her is telling
her of the sin that she is committing by disobeying her husband, and the
great reward that she will attain if she obeys him. 

You should also explain to her the harm that will be suffered
by her, her husband and her daughter in the event of a divorce or if she
continues to behave in this manner. 

If the wife responds and is affected by this admonition, and
she gives up this bad behaviour, then this is what is wanted. If she
persists in her evil ways and foolishness, then there is no blame on the
husband if he divorces her. 

The scholars have stated that divorce may be permissible if
it is needed because of the wife’s bad attitude and bad conduct, and if he
is harmed by that and the purpose of marriage is not being achieved.  

Al-Mughni (10/324). 

What you have mentioned about being afraid for your daughter
if you separate is something that should be taken into account. If you are
afraid that you will not be able to bring her up, or that the girl will be
harmed because of this divorce, then you should weigh up the two evils, that
of staying with a woman whose attitude is bad and who is mistreating you,
and that of what might happen to your daughter after a divorce. One of the
basic principles of sharee’ah is doing the lesser of two evils in order to
ward off the greater. 

You should pray istikhaarah, asking Allaah for guidance,
before making your decision, and you should strive for reconciliation if
possible. If that is not possible then strive to protect your daughter and
get custody of her, and do not leave her for this woman to raise her with
her attitude. 

We advise you to pray to Allaah and always fear Him, for
Allaah has promised provision and a way out to the pious who always fear
Him. Allaah says (interpretation of the meaning): 

“And whosoever fears Allaah and keeps his duty to Him, He
will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could
imagine. And whosoever puts his trust in Allaah, then He will suffice him.
Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure
for all things”

[al-Talaaq 65:2-3] 

We also advise you to repent to Allaah from all sins, for the
wife’s bad attitude may be a punishment for sins that one has committed, as
it was narrated that al-Fudayl ibn ‘Iyaad (may Allaah have mercy on him)
said: I disobey Allaah then I see that in the attitude of my mount or my
wife.  

We ask Allaah to set our affairs and the affairs of the
Muslims straight. 

And Allaah knows best.

Her family are objecting to her living with her husband’s family

Her family are objecting to her living with her husband’s family
ar - en - fr
I got married four months ago, and I promised my wife that she would have her own place to live, but because it was so difficult to find suitable accommodation in my city, I asked her to let us live with my family temporarily. 


Is it permissible for her parents to object to us moving in with my family?.

 

Praise be to Allaah.

Accommodation is one of the wife’s rights that the husband is
obliged to provide, according to scholarly consensus, because Allaah has
given the woman who is revocably divorced (first or second talaaq) the right
to accommodation provided by her husband, as He says (interpretation of the
meaning): 

“Lodge them (the divorced women) where you dwell,
according to your means”

[al-Talaaq 65:6] . 

So the right to accommodation is even more certain in the
case of one who is still married, because Allaah has enjoined kind treatment
between spouses as He says (interpretation of the meaning): “and live
with them honourably” [al-Nisa’ 4:19]. Part of living with them
honourably is providing one’s wife with accommodation where she feels safe.
Similarly, a wife cannot do without accommodation to conceal her from the
gaze of others and where she can relax and feel that her property is safe.
Hence accommodation is a right that she has over her husband. 

The majority of Hanafi, Shaafa’i and Hanbali fuqaha’ are of
the view that the wife has the right to accommodation that is separate from
her husband’s relatives, and she has the right to refuse to live with his
father or mother or both. 

The Maalikis are of the view that a distinction is to be made
between a wife of noble status and a wife of lowly status. They said that it
is not permissible to make a wife of noble status live with one’s parents,
but that is permissible with regard to a wife of lowly status, unless making
the wife of lowly status live with the parents will cause her harm. See:
al-Mawsoo’ah al-Fiqhiyyah (25/109), al-Sharh al-Sagheer ‘ala
Mukhtasar Khaleel (2/737). 

But what is meant by accommodation according to the fuqaha’
is providing her with a room that has a door and a lock, along with a
bathroom and kitchen, unless they are poor and are content to share a
kitchen and bathroom. 

Ibn ‘Aabideen said in his Haashiyah (3/600): The
phrase “a separate house” means a place to spend the night, which is a
separate, specific place. It seems that what is meant by separate is a place
that is hers alone and she does not share it with anyone else in the
household. “With a lock” means that which is locked and opened with a key.
“… bathroom and kitchen” means a washroom and a place for cooking which are
inside the room or the house, and she does not share them with any other
member of the household. I (Ibn ‘Aabideen) say: And that should be the case
with regard to people who are not poor, so that each person has his own room
and some shared facilities such as the bathroom, oven and well. 

See also question no. 7653. 

Secondly: 

If the wife agrees to live with your family, there is nothing
wrong with that, because she is giving up her right. Her parents have no
right to object to that, so long as she is an adult of sound mind. 

She has the right to withdraw this agreement, because her
right to separate accommodation is not forfeited by her giving it up. 

Thirdly: 

The wife’s living with her husband’s family should be free of
any haraam things such as the husband’s brothers, paternal uncles etc being
alone with her or looking at her. 

It is well known that it is not permissible for a woman to be
alone with, shake hands with or uncover any part of her ‘awrah in front of
her husband’s brothers, because they are strangers to her like any other
non-mahrams; rather there should be even more caution in their case, because
the Prophet (peace and blessings of Allaah be upon him) said: “Beware
of entering upon women.” An Ansaari man said: O Messenger of Allaah, what
about the in-law? He said: “The in-law is death.” Narrated by al-Bukhaari
(4934) and Muslim (2172). al-Layth ibn Sa’d said: The in-law is the brother
of the husband and similar relatives of the husband such as his cousin and
the like.

 Narrated by Muslim. 

That depends on the situation of both the wife and of the
husband’s family, and whether both parties can put up with sharing
accommodation and living space. It seems that nowadays married life is
affected greatly by such circumstances, and many problems between both
parties are caused by sharing accommodation, to such an extent that it is
very rare to find a happy and calm married life when sharing living space
with the husband’s family. Perhaps it is because all people have seen such
things that your wife’s family  have objected to your moving in with your
family, out of concern for your marriage, and they are not being stubborn or
trying to control you and your family. 

We ask Allaah to help you to do that which is good and to
help you and your family and your wife. 

And Allaah knows best.

Her husband is mentally ill and hurts her. How should she deal with him? Does he have any rights?

Her husband is mentally ill and hurts her. How should she deal with him? Does he have any rights?
ar - en
A woman is asking if her husband has rights over her. He is mentally ill. He does not interfere in the matters of their home. He also accuses her of being disloyal. She is far from him though. He is a father for 10 individuals. They got married without any help from his side. This made her very upset and she does not want to even talk with him. Please clarify the Islamic ruling on this matter.

 

Praise be to Allaah.

Firstly: 

We ask Allaah to heal your husband sooner
rather than later, and we ask Allaah to increase your reward for your
patience and forbearance. This calamity with which Allaah has tested you
will bring reward if you are patient and seek reward for it. 

It was narrated that Suhayb said: The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“How wonderful is the situation of the believer, for all his affairs are
good. If something good happens to him, he gives thanks for it and that is
good for him; if something bad happens to him, he bears it with patience,
and that is good for him. This does not apply to anyone but the believer.”

Narrated by Muslim (2999). 

And it was narrated from Abu Sa’eed
al-Khudri and Abu Hurayrah that the Prophet (peace and blessings of
Allaah be upon him) said: “No exhaustion, pain, anxiety, grief, harm or
distress befalls a Muslim, not even a thorn that pricks him, but Allaah will
expiate some of his sins thereby.” Narrated by al-Bukhaari (5318) and Muslim
(2573). 

Secondly: 

In the case of your husband’s sickness,
either he is aware of what he is doing and saying, or he is not aware. If he
is aware, then he is accountable for what he says and does, and it is not
permissible for him to accuse you or to fail to raise his children; he must
do what Allaah has enjoined upon him of acts of worship and obedience, and
not do that which Allaah has forbidden. 

In this case you must carry out all marital
duties and it is not permissible for you to neglect them.

If he is not aware of what he is saying and
doing as the result of this sickness, then he is no longer accountable for
what he says and does. But if his actions affect the rights of others, then
the one whose right it is may take his right from your husband’s wealth or
from his guardians, such as if he transgresses against someone by killing
him or he damages his car and so on. 

It was narrated from ‘Aa’ishah that the
Prophet (peace and blessings of Allaah be upon him) said: “The Pen has
been lifted from three: from the sleeping person until he wakes up, from the
minor until he grows up, and from the insane person until he comes to his
senses.” Narrated by Abu Dawood (4398), al-Nisaa’i (3432) and Ibn Maajah
(2041); classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

Ibn Hazm (may Allaah have mercy on him)
said: 

As for the one who has not yet reached
puberty, or who has reached puberty but has no discernment or reason, or has
lost his power of discernment after reaching puberty and being able to
discern, such people are not accountable and they are not allowed to dispose
of any of their wealth, because of the report that we have narrated from the
Messenger of Allaah (peace and blessings of Allaah be upon him): “The
Pen has been lifted from three”, in which he mentioned “from the minor until
he grows up, and from the insane person until he comes to his senses.” 

Al-Muhalla
(7/200). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy
on him) said:  

As for the rational man, his opposite is the
insane man who has no reason, or the elderly man or elderly woman if they
have reached the age where they have lost the power of discernment, which is
known as senility. Such a person does not have to pray because he does not
have the mental capacity. 

Majmoo’ al-Fataawa
(12/first question). 

See scholarly comments on his behaviour and
its effects in the answer to question no.
73412. 

With regard to his accusation that you have
sinned, if what you mean is an accusation of zina, then in the second case
he is not committing slander, because an important condition, namely reason,
is missing. Similarly, he cannot engage in li’aan either. 

In al-Mawsoo’ah al-Fiqhiyyah (33/11)
it says: 

The fuqaha’ are unanimously agreed that in
order for a person to be regarded as committing slander, he (or she) must be
an adult of sound mind and acting on the basis of free will, whether male or
female, free or slave, Muslim or non-Muslim. 

End quote. 

To sum up: 

You may either put up with what he is doing,
if he does not understand what he is doing because of his sickness and loss
of reason, or you may refer your case to the qaadi to determine whether he
is fit to remain as your husband or the marriage may be annulled. 

If he does understand what he is doing, then
you may either put up with what is happening or you may ask him for a
divorce, and if he refuses you may refer your case to the sharee’ah court to
arrange a separation. 

And Allaah knows best.

Should he stop his wife from listening to misguided daa’iyahs?

Should he stop his wife from listening to misguided daa’iyahs?
ar - en
I have proposed to a religious girl. The problem is that I found that there are some things she is ignorant of. Also some of the scholars she wants to listen to are of those who called (satellite preachers). Many scholars have warned from listening to such preachers. Other scholars she listens to are of those who care about satisfying the government. They sometimes criticize Ahlus-Sunnah, or say things like ‘women are allowed to be judges and presidents’.


I said to her that I cannot let her listen to a scholar who spreads innovations or a non-knowledgeable person; because it is my responsibility in front of Allah to guard her from such things. She sees this as dominating, and says that I do not trust that she can distinguish between what is right and what is wrong. She also says that the scholars she listens to are saying good things. Am I mistaken? Or it is my right and even duty to protect her?.

 

Praise be to Allaah.

A man has to strive to
guide his wife and encourage her to do the duties that Allaah has enjoined
as much as he can, because Allaah says (interpretation of the meaning): 

“O you who believe! Ward
off yourselves and your families against a Fire (Hell) …”

[al-Tahreem 66:6] 

The great scholar Abu Bakr
al-Jassaas (may Allaah have mercy on him) said in Ahkaam al-Qur’aan
(3/697): This indicates that we have to teach our children and wives
religion and goodness, and whatever is essential to good manners. 

This is supported by the
words of the Prophet (peace and blessings of Allaah be upon him): “Each
of you is a shepherd and each of you is responsible for his flock.” It is
well known that just as a shepherd is required to guard and protect those
under his care, he is also required to discipline them and teach them. End
quote. 

The great scholar Ibn
Katheer (may Allaah have mercy on him) said, commenting on this verse:
Qataadah said: He should enjoin them to obey Allaah and forbid them to
disobey Allaah. He should take care of them as Allaah has commanded and
enjoin them to obey Him and help them to do so. If you see any disobedience
to Allaah, you should rebuke them for that. End quote. 

If the brother has done the
marriage contract with this woman, then she is his wife and he has to strive
to teach her about her religion and help her to learn, but kindness and
gentleness should be the method he uses in achieving this aim. The Prophet
(peace and blessings of Allaah be upon him) said: “When Allaah wills
good for the members of a household, He introduces kindness to them.”
Narrated by Ahmad; classed as saheeh by al-Albaani in Silsilah
al-Ahaadeeth al-Saheehah (3/219). 

He has to stop her doing
that which will harm her religious commitment, such as listening to
misguided daa’iyahs, if what they promote is misguidance and scholars whose
religious commitment and knowledge is trustworthy have warned against them.
This applies if she is unable to distinguish between truth and falsehood.
But if she knows what is true and there is no fear that she may be
influenced by what the misguided daa’iyahs say, then there is nothing wrong
with her listening to them and accepting what is true and ignoring what is
false. This applies to the innovations that the scholars have denounced and
warned against. As for issues where there are differences of scholarly
opinion where ijtihaad is allowed and the scholars have different points of
view, it does not matter if the ordinary person follows one of them. 

To sum up: You have to
protect your wife from misguidance and following whims and desires, but you
should be gentle with her, and try to convince her that people do not accept
falsehood unless it is mixed with truth so as to confuse them. If she
understands this, she will be convinced, in sha Allaah. You should also try
to provide a suitable alternative from daa’iyahs and scholars who are
trustworthy with regard to their religious commitment and knowledge, and who
attract people by their good presentation skills. You will find many of this
type, praise be to Allaah. 

May Allaah help us and you
to do that which He loves and which pleases Him. 

And Allaah knows best.

Her husband is always busy playing or watching football (soccer). Can she get a TV?

Her husband is always busy playing or watching football (soccer). Can she get a TV?
ar - en
A husband of good religious sister spends most of his time watching or playing football. She does not have a television at her home, Alhamdulillah. So her husband spends most of his time outside home to watch football. She does not have children. 


My question:


Shall she just buy a television so that her husband stays with her at home? As she spends the whole day alone while her husband as away.

 

Praise be to Allaah.

Playing football (soccer)
may be permissible or it may be haraam, depending on whether the player
adheres to shar’i guidelines or goes against them. This has been explained
in the answer to question no. 3633,
84291 and
75644. 

A wise person should not
keep busy with playing it or watching it, even if it is permissible, because
time is a man’s capital, and undoubtedly the husband’s being busy with that
and staying out of the house because of it, is a shortcoming and negligence,
because time is too precious to waste, so how can he waste it on something
that brings no benefit? It would be better for him to take care of his
family and try to make them happy. 

As for bringing a TV into
the home, we do not advise that, because of its obvious bad effects. See
question no. 3633. 

It seems that this
husband’s problem is not limited to the lack of a TV. He needs many things
to encourage him to stay home. The wise wife should look for ways to make
her husband want to stay home, such as treating him well, taking care of
him, adorning herself, looking for common interests, and so on. 

We should also advise this
sister to make good use of her time in things that will benefit her
religious and worldly affairs, such as memorizing Qur’aan, attending
halaqahs and lectures, learning some skills and doing housework. This is
better for her than bringing in a TV which will attract her to things that
Allaah has forbidden. 

And Allaah knows best.

She wants to stay overnight with her family and her husband wants her to stay with his family

She wants to stay overnight with her family and her husband wants her to stay with his family
ar - en
I live abroad with my husband. We have one month holiday every year, we spend it with our families. He asks me to spend this month in his family’s home, while go to my family just to visit. I want to go to my family’s home daily and sleep there; as it is only one month. What shall I do if I insist on this but my husband refuses?.

 

Praise be to Allaah.

We advise you to do what
your husband is asking, because that is good for several reasons: 

-        
By obeying your husband you are
obeying the Messenger (peace and blessings of Allaah be upon him), and
there is great reward with Allaah for that. The reward for a wife obeying
her husband is hardly equalled by the reward for any other deed. 

It was narrated from ‘Abd
al-Rahmaan ibn ‘Awf that the Messenger of Allaah (peace and blessings
of Allaah be upon him) said: “If a woman prays her five daily prayers, fasts
her month (of Ramadaan), guards her chastity and obeys her husband, it will
said to her: Enter Paradise through which ever of the gates of Paradise you
wish.” 

Narrated by Ahmad (1/191),
classed as hasan by al-Sakhaawi in al-Buldaaniyaat (161) and by
al-Albaani in Saheeh al-Targheeb (1932). 

It was narrated from
al-Husayn ibn Mihsan that a
paternal aunt of his came to the Prophet (peace and blessings of Allaah be
upon him) to ask about some need. When he had finished talking to her, the
Prophet (peace and blessings of Allaah be upon him) said to her: “Do you
have a husband?” She said: “Yes.” He said: “How are you with him?” She said:
“I do not fall short in giving him his rights, except that which I am not
able to do.” He said: “Look at how you are with him, for he is your paradise
and your hell.” 

Narrated by Ahmad (4/341).
Al-Mundhiri said in al-Targheeb wa’l-Tarheeb (3/97): Its isnaad is
jayyid. It was classed as saheeh by al-Albaani in Saheeh
al-Targheeb (1933). 

-        
By obeying your husband in this
matter, you will avoid conflicts and arguments that may arise from your
disobeying your husband. 

-        
We would also remind you that
the righteous wife is the one who does not separate from her husband and is
keen to serve him and take care of him and strives to make him happy. 

-        
Remember that by obeying him in
this matter, you will be preserving happiness between you, and strengthening
the bond of love, but if you go against him you will be opening the way for
the shaytaan and stirring up conflict and disputes. Even if its effects are
not seen straight away, the effects of going against his wishes will
inevitably make themselves felt soon, especially if the conflict and
arguments accumulate.  

You can work out this
matter with your husband in a calm manner, such as if you stay with his
family for half of the time and with your family for the other half, or you
go to them for a certain number of days. 

What the husband should do
is be kind to his family and not put pressure on them and not be harsh,
because the wife is one of the people who are most deserving of kind and
gentle treatment. The Prophet (peace and blessings of Allaah be upon
him) said: “The best of you is the one who is best to his family, and I am
the best of you to my family.” Narrated by al-Tirmidhi (3895); classed as
saheeh by al-Albaani in Saheeh al-Tirmidhi. 

We ask Allaah to guide you
aright. 

And Allaah knows best.

Her husband reviles her and accuses her and threatens to kill her; is it permissible for her to ask for a divorce from him?

Her husband reviles her and accuses her and threatens to kill her; is it permissible for her to ask for a divorce from him?
ar - en - ur
I am seeking divorce for many reasons: 


1- My daughter who was 6 years old has passed away six months ago in an accident, she was with me, and my husband accuses me of killing her. 


2- He slanders me in a way that no wife would ever accept from her husband. 


3- He accuses me of having an affair with my sister’s husband! Although he is in London and I am in Egypt. 


4- He insults me everywhere in a very bad language. 


5- I have tolerated like nobody ever tolerated before. He is 20 years older than me. I was looking for a man who is much older than me; thinking he would have a mature mind. After marriage I knew that he is suffering from a psychiatric illness. I stayed with him until he was treated from it, but now that illness came back. He wants to kill me; as he accuses me of killing his daughter. I have another daughter and son; he wishes they died instead of her; because he loved her only. 


My question:


Is it permissible for me to ask for divorce, knowing that he does not want to divorce me, but wants to kill me?.

 

Praise be to Allaah.

We ask Allaah to increase your reward for the death of your
daughter, and to make her an intercession for her family on the Day of
Resurrection. And may Allaah increase your reward because of your husband
who says and does things that cause you distress and grief. 

You should note that this world is the realm of trials and
tests, and that the Muslim will be faced with worry, distress, grief, and
sickness, but he should not let that cause him to miss out on the rewards
that are available, so seek reward with your Lord for that which has
befallen you and ask Him to make you patient and to make you steadfast in
adhering to His religion. 

As for seeking a divorce, some of what your husband has done
makes it permissible for you to ask for a divorce, so how about when all of
the things are taken together? 

Slandering or falsely accusing a person is a major sin and it
is not permissible for him to do that. Reviling, insulting and threatening
to kill are things that no one could bear from a stranger, so how about when
it is done by one's life partner, one’s husband who lives in the same
house? 

If a woman asks for a divorce from her husband for no reason,
this is what is warned against. But if there is a reason for it, then
undoubtedly the warning is not addressed to the woman who seeks a divorce in
that case. 

The Prophet (peace and blessings of Allaah be upon him)
said: “Any woman who asks her husband for a divorce when there is nothing
wrong, the fragrance of Paradise will be forbidden to her.” 

Narrated by al-Tirmidhi (1187) and Abu Dawood (2226); classed
as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: 

The reports which warn women against asking for a divorce
from their husbands are to be understood as referring to cases where there
is no reason for doing so. 

Fath al-Baari (9/402). 

Al-Mubaarakfoori (may Allaah have mercy on him) said: 

i.e., without there being any hardship that would cause her
to resort to asking for a divorce.

 Tuhfat al-Ahwadhi
(4/410). 

In al-Mawsoo’ah al-Fiqhiyyah (29/11) it says: 

The wife may ask for the marriage to be ended if there is a
reason that justifies that, such as if the husband is miserly or absent, and
other reasons concerning which the fuqaha’ differed; some are more lenient
than other. But that does not depend on her opinion, rather it is to be
determined by the judge, unless the husband gives her the authority to issue
a divorce, in which case she may also divorce herself by her own words. 

If the couple agree to separate, that is permissible, and it
may be done without needing to refer to the court. The judge may also
separate a couple if there is a reason for doing so, so as to protect the
rights of Allaah, such as if one of a Muslim couple has apostatized – Allaah
forbid – or one of a Magian couple has become Muslim and the other refuses
to do so, and so on. 

But none of that is called talaaq, apart from the first case
if it is instigated by the husband. The evidence that talaaq is the right of
the husband only is the hadeeth in which the Prophet (peace and
blessings of Allaah be upon him) said: “(The right of divorce) belongs to
the one who takes hold of the calf [i.e., her husband]”, narrated by Ibn
Majaah (2072) and classed as hasan by al-Albaani in Saheeh Ibn Majaah.
End quote. 

To sum up: 

The husband has to fear Allaah and hold his tongue, and not
utter haraam words. Anyone among his family or the authorities who can stop
him must hasten to do so. If the wife wishes, she may be patient and put up
with the hurt and harm from her husband, or if she wishes she may ask for a
divorce and come to some agreement with her husband concerning divorce.
Otherwise their case may be referred to the shar’i judge to make him divorce
her, if it is proven that he is causing harm. 

And Allaah knows best.

His wife is careless about prayers – should he divorce her?

His wife is careless about prayers – should he divorce her?
ar - en
I am a married man who has two daughters. My wife does all house work to the best of her ability, she looks after everything in it during my absence. But she is too lazy about prayers and generally careless when it comes to religious matters. I have talked to her a lot, she always says: “yes, yes okay” but she still is too lazy. I am very upset with her. I thought about divorcing her, but I always change my mind when I think of my daughters. What is my responsibility towards her? Shall I divorce her or not? I am too tired; please guide me to a solution.

 

Praise be to Allaah.

Prayer is very important
and it is the most essential of the pillars of Islam after the Shahaadatayn.
It is the foundation of Islam and the one who does not pray has no share of
Islam, as ‘Umar (may Allaah be pleased with him) said. There is a great deal
of evidence which indicates that not praying is tantamount to kufr which
puts one beyond the pale of Islam. See the answer to question no.
5208. 

If a person loves his Lord
and he loves His Prophet and His religion and His Book, then how can he
waste the greatest opportunity that he has been given, even though it is an
easy and pleasant obligation, which brings ease to the heart, contentment to
the soul and purity to the body.  Those who neglect the prayer and delay it
until after its time are also given a warning of punishment, as Allaah says
(interpretation of the meaning): 

“Then, there has
succeeded them a posterity who have given up As‑Salaah (the prayers) [i.e.
made their Salaah (prayers) to be lost, either by not offering them or by
not offering them perfectly or by not offering them in their proper fixed
times] and have followed lusts. So they will be thrown in Hell”

[Maryam 19:59] 

And the Prophet (peace
and blessings of Allaah be upon him) said: “The one who does not pray ‘Asr,
his good deeds will bear no fruits.” Narrated by al-Bukhaari (553). 

What you have to do is
continue advising your wife, and be strict with her with regard to prayer,
and check on her with regard to every prayer until she is praying regularly.
Beware of missing any prayer until the time for it is over. 

You should inform her of
the ruling on one who does not pray, and of the scholarly view which says
that the one who misses a single prayer until the time for it ends with no
excuse is a kaafir, and the resulting invalidity of the marriage according
to some fuqaha’, so that this will be a rebuke that will scare her. 

Allaah says (interpretation
of the meaning): 

“O you who believe! Ward
off yourselves and your families against a Fire (Hell) whose fuel is men and
stones, over which are (appointed) angels stern (and) severe, who disobey
not, (from executing) the Commands they receive from Allaah, but do that
which they are commanded”

[al-Tahreem 66:6] 

And the Prophet (peace
and blessings of Allaah be upon him) said: “A man is the shepherd of his
household and is responsible for his flock.” Narrated by al-Bukhaari (893)
and Muslim (1829). 

Try to encourage and warn
her with all possible means, but let your advice to her be given kindly and
gently, because there is no kindness in a thing but it adorns it. Reward her
and encourage her if she prays, and remind her that prayer is the key to
happiness and divine help, and is one of the causes of abundant provision
and a happy life. If that produces results, and leads to her praying
regularly, that is what is required and it is what we hope and want for her.
But if she persists in falling short, then there is no reason why you should
not resort to stricter means such as denouncing her sometimes, according to
whatever will serve the interest. 

He was harsh so that they
might pay heed; a man of resolve may be harsh sometimes with those whom he
loves. 

So forsake her and threaten
her with divorce, so that she will realize that the matter is serious, and
she will realize that you cannot live with a woman who neglects the most
important duty of Islam, no matter how obedient and hard-working she is with
regard to worldly matters. 

The aim behind all of that
is to set her straight, hence we advice you to be patient with her and not
to lose hope. Allaah says (interpretation of the meaning): “And enjoin
As‑Salaah (the prayer) on your family, and be patient in offering them [i.e.
the Salaah (prayers)]” [Ta-Ha 20:132].  

Say a lot of du’aa’ asking
Allaah to guide your wife and set her straight. 

And Allaah knows best.

If his wife does not agree to him being away for more than six months

If his wife does not agree to him being away for more than six months
ar - en
I have sent my question to you about being away from my wife for more than six months. You answered that if the wife accepts then it is o.k. What is the solution if the wife is dissatisfied with this absence? She has no choice in the matter as our financial circumstances are difficult, I have no choice either as if I return to my country, working there will not be enough for even food, let alone everything else. I have no choice but working far from her. I may stay away for 7 years or even more. I do not see her but for one month a year. What is the Islamic ruling on this if my wife is dissatisfied? What is the ruling on if the husband is able to return to his wife but he stays away for love of gathering money?.

 

Praise be to Allaah.

If the wife does not agree to her husband being away for more
than six months, the case should be referred to the qaadi (judge) so that he
can correspond with her husband and order him to return. If he does not
return, then the judge may rule as he sees fit, either divorce or annulment
of the marriage. This applies whether the husband is travelling and absent
for a reason such as needing money and not being able to find work in his
own country, or if there is no excuse, rather it is for love of money, as
mentioned in the question. 

But the difference between there being an excuse and there
being no excuse is that if the husband has an excuse, he is not obliged to
return, and he is not sinning if he does not return. 

But if he has no excuse, then he must return and he is
sinning if he does not return. 

In either case the wife has the right to ask for a divorce,
so as to ward off harm from herself. 

It is not permissible for the husband to keep his wife if she
is being harmed. Allaah says (interpretation of the meaning):  

“But do not take them back to hurt them”

[al-Baqarah 2:231] 

“either take them back in a good manner or part with them
in a good manner”

[al-Talaaq 65:2] 

It says in Kashshaaf al-Qinaa’ (5/193): If the husband
travels and leaves her because of an excuse or need, then her right to a
share of his time and intimacy is waived, even if his journey is lengthy,
because there is an excuse. … If the traveller does not have an excuse that
prevents him from returning and he is absent for more than six months, if
she asks him to return then he must do that, because of the report narrated
by Abu Hafs with his isnaad from Yazeed ibn Aslam who said: 

Whilst ‘Umar was patrolling Madeenah, he passed by a woman
who was saying:

“This night is getting very long and very dark because I do
not have my partner to play with.

By Allaah, were it not for the fear of Allaah and for
modesty, then this bed would shake under me.” 

He asked about her and was told that she was So and so whose
husband was absent (in jihad) for the sake of Allaah. He sent a woman to
stay with her, and he sent for her husband to come back. Then he entered
upon Hafsah and said: O my daughter, how long can a woman bear to be away
from her husband? She said: Subhaan Allaah, would one such as you ask one
such as me about that? He said: Were it not that I want to make a decision
concerning the Muslims I would not have asked you. She said: Five months or
six months. So he set a time limit for the people on their campaigns of six
months: they would march for a month, then stay there for four months, then
take another month for the journey back. 

He has to come back if he does not have an excuse, such as
travelling to seek knowledge or he is on an obligatory campaign or
obligatory Hajj, or he is seeking necessary provision, in which case he is
not obliged to return, because the one who has an excuse is excused as a
result of that. The judge may write to him telling him to return, but if he
refuses to return with no excuse after the judge has written to him, then
the judge may annul his marriage, because he has failed to do a duty that is
required of him and his wife has been harmed by that. End quote. 

In al-Mawsoo’ah al-Fiqhiyyah (29/63) it says: If the
husband is absent from his wife for any length of time with no excuse, she
has the right to ask for a separation from him, but if it is for an excuse
then she does not have the right to do that. [This is the Hanbali view]. 

The Maalikis are of the view that if the man is absent from
his wife for a while, she has the right to ask for a separation from him,
whether this journey is for a valid reason or not, because her right to
intimacy is binding. End quote. 

Shaykh Ibn Jibreen (may Allaah preserve him) was asked: I am
a young man living abroad and I am married, praise be to Allaah, but the
country in which I am working only allows a few employees to bring their
wives. What is the Islamic ruling on that, as the job is only for a year or
fourteen months to be precise? 

He replied: Some of the Sahaabah set a limit for a husband’s
absence at four months, and others set it at half a year, but that applies
when a wife has asked her husband to come back. If he has been away for half
a year and she asks him to come back and he is able to, then he must come
back. If he refuses then she has the right to refer the matter to the qaadi
(judge) and have the marriage annulled. But if she allows her husband to
stay, even if it is for a long time, and more than one or two years, then
there is nothing wrong with that because it is her right that she has
waived, so she cannot demand an annulment so long as she has agreed to his
being away and so long as her provision, clothing and other needs are
assured. And Allaah is the Source of strength. End quote from Fataawa
Islamiyyah (3/212). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked about a man who was married and had children from his wife. He says: I
travelled from my homeland to improve my situation and I was absent for
nearly three years. Please note that I never stopped sending money and was
in constant touch with my wife. Does she have any rights in sharee’ah and
what are they? Is there any sin on me for that? 

He (may Allaah have mercy on him) replied: I say that the
wife’s right over her husband is that he may enjoy intimacy with her and she
with him, as is usually the case. If he stays away from her to seek a living
with her consent, and she is in a safe place where there is no fear that
anything will happen to her, then there is nothing wrong with that, because
the right is hers but if she agrees to waive it and she is completely safe
and secure, then there is nothing wrong with his being away for three years
or more or less. But if she asks him to come back then the matter should be
referred to the judges to rule as they see fit in accordance with the laws
of Allaah, may He be glorified and exalted. End quote from Fataawa Noor
‘ala al-Darb. 

To sum up: If the husband is away from his wife for more than
six months, if his wife agrees to that and he has left her in a safe place,
there is no problem. If she did not agree to that then she may refer her
case to the sharee’ah judges to determine whether her husband has a sound
excuse or he has to return or the marriage may be annulled. 

The husband should understand the effect that his absence
will have on his wife and children, and he should put their interests and
care before acquiring wealth, if he can find sufficient income in his own
country, for nothing can compensate for the calamity of losing one's
religious commitment; no wealth or luxury can make up for that. How many
families have seen their young men and girls become corrupted because of
their father’s absence. We ask Allaah to keep us safe and sound. 

Hence we advise you to fear Allaah and take care of your wife
and children. And do what you can to find some money that will enable you to
return and settle in your country, or bring them to join you, for the wife
has rights and the children have rights, and tomorrow you will be answerable
before Allaah for this flock. 

We ask Allaah to help and guide us and you. 

And Allaah knows best.

His father wants him to travel for work and his wife insists on him staying

His father wants him to travel for work and his wife insists on him staying
ar - en - fr - id
I am very confused. I got married 9 months ago; I stayed 4 months with my wife then traveled abroad. My wife has objected to this. She tried to stop me but this did not work. Alhamdulillah, we love and understand each other. I tried to persuade her that after traveling I will look for a flat and send her a visa to come and live with me abroad. But I did not find a suitable flat. It is too expensive to rent a flat here; even all my salary is not enough for half a month. When she knew this she started sending messages to me tell me how much she suffers, her tears do not dry up, and her heart is burning of missing me.


On the other hand, my father encourages me to stay abroad and work in order to help in my brother’s marriage. While my wife says she cannot live alone and asks me daily to come home, my father wants me to stay abroad.


 Shall I return to my wife and not be unfair with her, or stay here and help my father in my brother’s marriage?.

 

Praise be to Allaah.

The husband may travel and
be away from his wife for the sake of work or others interests that are
Islamically acceptable, for a period no longer than six months. If it is
longer than that, then he must ask his wife for permission. 

The basic principle
concerning that is that ‘Umar ibn al-Khattaab asked his daughter Hafsah (may
Allaah be pleased with her): O my daughter, how long can a woman bear to be
away from her husband? She said: Subhaan Allaah, would one such as you ask
one such as me about that? He said: Were it not that I want to make a
decision concerning the Muslims I would not have asked you. She said: Five
months or six months. So he set a time limit for the people on their
campaigns of six months: they would march for a month, then stay there for
four months, then take another month for the journey back. 

Imam Ahmad (may Allaah have
mercy on him) was asked: How long may a husband be away from his wife? He
said: It was narrated: Six months. 

See: al-Mughni
(7/232, 416). 

Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) said: With regard to a man travelling and being
away from his wife, if she is in a safe place there is nothing wrong with
it, and if she lets him stay away for more than six months, there is nothing
wrong with it. But if she asks for her rights and asks him to come back to
her, then he should not stay away for more than six months. But if there is
a reason such as a sick person who is being treated and so on, then cases of
necessity come under their own rulings. Whatever the case, it is the wife’s
right, and if she allows that and is in a safe place, there is no sin on
him, even if the husband is away a great deal. End quote from Fataawa
al-‘Ulama’ fi ‘Ushrat al-Nisa’ (p. 106). 

Based on that, it is your
wife’s right that you should return to them, especially since your salary is
not enough for accommodation, as you say. This means that you are staying
away from your family when they need you. 

It is no secret that
fulfilling rights and protecting one’s family and looking after them, and
maintaining love and stability, takes precedence over accumulating money. 

You are not obliged to obey
your father even if he tells you to stay abroad, because that may result in
loss of your wife’s rights. It is well known that there is no obedience to
any created being if it involves disobedience towards the Creator, but you
should speak kindly and convince him, and explain that there is nothing to
be gained from being away from your family. 

We ask Allaah to help and
guide you. 

Wife serving her husband’s father

Wife serving her husband’s father
ar - en
My husband’s father has come to live with us and he is sick with Alzheimer’s which is causing a lot of problems and stress. What are my duties towards him?.

 

Praise be to Allaah.

The wife is not obliged to serve her husband’s father, mother
or any of his relatives; rather it is good manners, if she lives in the same
house, to serve his parents. But obliging her to do that is not permissible.
So it is not permissible for her husband to force her to do that, and it is
not obligatory for her. What I advocate is that the wife should be patient
in serving her husband’s father and remember that it will not harm her,
rather it will make her more respected and loved by her husband. And Allaah
is the Source of strength. End quote. 

Is his spending on his wife who is also a relative regarded as kindness towards her family?

Is his spending on his wife who is also a relative regarded as kindness towards her family?
ar - en
I am married to the daughter of my maternal aunt. Is my spending on her regarded as charity and upholding ties of kinship, and is my kind treatment of her regarded as honouring my mother and my maternal aunt?.

 

Praise be to Allaah.

A
husband’s spending on his wife may be obligatory or it may be charity and
kindness. If his wife is also a relative such as the daughter of his
maternal aunt, then his kindness towards her is also regarded as kindness
towards her mother and to the husband’s mother too. 

The
obligatory spending has to do with providing accommodation, food and
clothing, as Allaah says (interpretation of the meaning): 

“Lodge them (the divorced women) where you dwell, according to your means,
and do not harm them so as to straiten them”

[al-Talaaq 65:6] 

“but
the father of the child shall bear the cost of the mother’s food and
clothing on a reasonable basis”

[al-Baqarah 2:233] 

The
Prophet (peace and blessings of Allaah be upon him) said in his khutbah
during the Farewell Pilgrimage: “Their (women’s) rights over you are that
you should provide for them and clothe them in a reasonable manner.” 

A man
will be rewarded for his spending on his wife, as al-Bukhaari (1295) and
Muslim (1628) narrated from Sa’d ibn Abi Waqqaas that the Messenger of
Allaah (peace and blessings of Allaah be upon him) said: “You will
never spend anything seeking thereby the Countenance of Allaah, but you will
be rewarded for it, even (the morsel) that you put in your wife’s mouth.” 

Al-Nawawi (may Allaah have mercy on him) said in Sharh Muslim: This
shows that spending on one’s dependents brings reward, if he intends thereby
to seek the Countenance of Allaah. End quote. 

Al-Bukhaari (55) and Muslim (1002) narrated from Abu Mas’ood al-Badri (may
Allaah be pleased with him) that the Prophet (peace and blessings of
Allaah be upon him) said: “If a Muslim spends on his family, seeking reward
for that with Allaah, then it will an act of charity on his part.” 

And
Muslim (994) narrated from Thawbaan, the freed slave of the Messenger of
Allaah (peace and blessings of Allaah be upon him) that the Messenger
of Allaah (peace and blessings of Allaah be upon him) said: “The best
dinar that a man spends is a dinar that he spends on his family, and a dinar
that a man spends on his mount (for jihad) for the sake of Allaah, and a
dinar that he spends on his companions (in jihad) for the sake of Allaah.” 

Abu
Qilaabah said: He started with the family. And Abu Qilaabah said: What man
is greater in reward than a man who spends on young dependents and protects
them from resorting to haraam deeds – or Allaah benefits them through him –
and makes them independent of means. 

Whatever a man spends on his wife and dependents, he will have a reward for
that with Allaah, so long as he seeks reward for that, and intends to draw
closer to Allaah by doing what is required of him, or by making them happy,
or by honouring his relatives and treating them kindly.  

And
Allaah knows best.

Is it permissible for a wife to take from her husband’s wealth without his permission?

Is it permissible for a wife to take from her husband’s wealth without his permission?
ar - en - es - fr
Is it permissible for a wife to take from her husband’s wealth without his permission? and if that has happened what is the expiation for that?.

 

Praise be to Allaah.
 

 

It is not permissible for a woman to take anything from her
husband’s wealth without his permission, unless he is falling short in his
spending on her, in which case it is permissible for her to take what is
sufficient for her and her children on a reasonable basis, as the Prophet
(peace and blessings of Allaah be upon him) said to Hind bint ‘Utbah
when she complained to him that her husband Abu Sufyaan was falling short in
his spending on her and on her children. He said to her: “Take what is
sufficient for you and your children on a reasonable basis.” There is no
kafaarah required for that if the situation is as we have described. But if
she takes when there is no shortcoming on his part, then she has to return
what she took even if that is without his knowledge, if she is afraid that
telling him will make him angry with her. 

May Allaah send blessings and peace upon our Prophet Muhammad
and his family and companions. 

 

He cut off his relationship with his wife a while ago. Does he have to divorce her?

He cut off his relationship with his wife a while ago. Does he have to divorce her?
ar - en
I am a man who is married to 2 wives, and I have children aged 20 and above from my first wife, but I married the second wife on the basis that I have no relationship with the first wife. Since I married the second one and before I married her, I had no relationship with the first wife. What I mean is that I did not stay overnight with her because I did not get along with her, but I did not divorce her. That was in accordance with my children's wishes, because they asked me not to divorce their mother out of concern for their reputation for their friends, and I respected these wishes. I want to know whether I have committed any sin thereby, and what is the solution? Can I keep her as a wife even though I do not have any intimacy with her, or do I have to divorce her?.

 

Praise be to Allaah.

The wife has the right to
have her husband stay overnight with her, and she is entitled to kind
treatment and intimacy. She has the right to ask for divorce if her husband
fails to give her these rights. But if she agrees to stay and give up her
rights, then she may do that and you do not have to divorce her in that
case. 

Muslim narrated (1463) from
‘Aa’ishah (may Allaah be pleased with her) that when Sawdah bint Zam’ah grew
old, she said: O Messenger of Allaah, I have given my day with you to
‘Aa’ishah. The Messenger of Allaah (blessings and peace of Allaah be upon
him) used to give ‘Aa’ishah two days: her day and Sawdah’s. 

This indicates that it is
permissible for a woman to give up her right to a share of her husband's
time, and to give her night to her co-wife. 

But if the wife does not
accept this situation, and she also does not want divorce, then you have to
review your case and try to resolve the problem, give her her rights, treat
her kindly and show her some appreciation, because she is the mother of your
children and she has lived with you all this time. 

We ask Allaah to set all our
affairs straight. 

And Allaah knows best.

He had intercourse with his wife when she was observing a voluntary fast

He had intercourse with his wife when she was observing a voluntary fast
ar - en - es - fr - zh - ur
What is the ruling on one who has intercourse with his wife when she is fasting the six days of Shawwaal and he is not fasting?.

 

Praise be to Allaah.

The one who is observing a
voluntary fast has the choice: he may complete the fast or he may break it,
but completing it is better. 

Ahmad (26535) narrated from
Umm Haani’ (may Allaah be pleased with her) that the Messenger of Allaah
(peace and blessings of Allaah be upon him) entered upon her. He called
for a drink and drank some, then he passed it to her and she drank some. She
said: O Messenger of Allaah, I was fasting. The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “The one who is observing
a voluntary fast has the choice; if he wishes he may fast and if he wishes
he may break the fast.” Classed as saheeh by al-Albaani in Saheeh
al-Jaami’ (3854). 

See also the answer to
question no. 49610. 

If a person fasts one of
the six days of Shawwaal, and he wants to break the fast, he may do so,
whether he does it by eating, having intercourse, or anything else. 

If this woman fasted
without her husband’s permission, then he may call her to his bed, and she
has to respond. 

But if she was fasting with
his permission, then he does not have the right to spoil her fast, but if he
wants that then it is better for her to respond to him. 

Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) said: If she observes a naafil fast with his
permission, then it is not permissible for him to spoil her fast, because he
gave her permission. But in that case if she is observing a naafil fast with
his permission and he wants her to come to his bed, is it better for her to
continue fasting and refuse her husband’s request? The other option is
better, which is responding to her husband’s request, because responding to
her husband’s request is basically obligatory, and the voluntary fast is
mustahabb, and because if she refuses even though his desire is strong, then
he may feel some resentment towards her and the relationship between them
may be affected as a result of that. 

Majmoo’ Fataawa Ibn
‘Uthaymeen (21/174).

The mother’s rights over her daughter are great but the husband’s rights over his wife are greater

The mother’s rights over her daughter are great but the husband’s rights over his wife are greater
ar - en
I have two situations that are related with which I ask two questions. I hope I can be helped. The situation is as follows and I do not know how to fix it. My mother is very demanding and fights with me all the time about my husband who has been very good to me and my children and her. She wants him to take her traveling and other things that involve spending a lot of time with her and he does not wish to do due to his demanding job as a doctor and because he feels that they will not get along. She visits our home at least 4-5 months every year and makes me take her out on a daily basis not even worrying that it makes me neglect my home and children. She is also very busy trying to make her own businesses so she fought with me about taking my brother or sister to live with me (they are 16 and 18) and tells me it is my right and I don’t need to even have my husband’s permission on the matter. She also refuses to pay a loan that her and my father (who passed away 2 years ago) made me take when I was in college attending a university I didn’t even want to attend when I was 16 years old, this loan has destroyed my name making it impossible for me to buy anything with my name. She has done this to many people she owes money. On top of this, before my father passed away, he had written all properties and money in her name to make it easier to disperse to each of us (we are four girls and one boy) rather than involving an outside party; after he died, she said it is all in her name, and that she paid for a lot of his businesses before they succeded so she will keep all the money as her own until she dies. I even gave her about $100,000 (all the money I have ever saved and worked for) because she pretended that she was going to use it to pay off my dad’s debts and she used it for a summer house instead and denies I ever gave her a penny since I never told anyone else because I wanted it between me, my mom and Allah swt even though I know she has a lot of money of her own. My husband was tired of this (and many more bad situations) and so he confronted her about the least of these problems – the old school loan, that was taken over 6 years before we were even married and keeps on multiplying in debt and on my name. He then continued to confront her about the many wrong things that have happened and involved his family too. She got very angry and didn’t want to speak to either of us. Naturally, I wanted to fulfill my obligations to my mother so I managed to get on good speaking terms with her so I do not defy silaat al rahim. We speak fine most of the time but after a couple weeks of that she will go back to insulting my husband, telling me to defy him and disobey him in order for him to apologize to her, and insulting me and my husband with very hurtful and shameful words. This relationship is badly affecting my marriage and my time at home and with my children. I cannot think about anything else and my husband doesn’t want to apologize because he is right and feels my mom has not changed her bad ways and will not even pay off the old loan. And at the same time it is extremely difficult to communicate with her on a healthy level. We live in two different countries (me in America and her in Egypt) and she says if I love her and don’t want to upset Allah swt that I will bring my three kids and visit her, my husband does not want me to leave him and she knows this and insists that I am being a bad muslim and that Allah swt will punish me for disobeying my mother. I have tried to advise her to fear Allah swt and she gets mad and says I should obey her and be against my husband. My husband tells me to try to keep good ties with her as much as I can, and is a very good husband and father otherwise, Alhamdolilah we have a very happy marriage and three healthy children. And so my questions are: 1. What are my obligations to my mother in such an ugly situation, keeping in mind that she continues to insult my husband in our phone calls (we live in two different countries) and asks me to disobey and defy him and cause problems in order for him to apologize to her. This communication has left me emotionally drained, it is what I think about most of my days and it wastes so much of time that I can use with studying or caring for my home. What is the minimum in regards to visiting and speaking to her so that Allah swt will not be angry with me and at the same time I will fulfill my obligation to her and not have to worry about her saying that Allah swt is upset. 2. Who is responsible for this loan. Keeping in mind that I was forced to attend this university, told to take a loan by mother and father, was only 16-18 years old and my husband was not told about this loan before marriage. Also, my mother has more than enough money to pay it off. Your help is deeply appreciated and greatly needed as soon as possible.

 

Praise be to Allaah.

Firstly: 

The mother’s status in sharee’ah cannot be denied. Allaah has
enjoined that her children should honour her, and He has forbidden them to
disobey her; He has ruled that the mother is the most entitled of people to
one’s good company, as it says in the well-known hadeeth, when a man said: O
Messenger of Allaah, which of the people is most deserving of my good
companionship? He said: “Your mother, then your mother, then your mother,
then your father, then the next closest and the next closest.” Narrated by
Muslim (2548). 

This is the mother’s right, and that is her status. It is not
permissible for her to consume her children’s wealth unlawfully, rather she
must give each one his or her rights, and divide the estate in accordance
with the laws of Allaah. It is also not permissible for the mother to incite
her daughter against her husband and spoil the good relationship between
them. These actions of this mother are evil deeds which are not acceptable
in Islam, and they bring the threat of sin and punishment. 

Perhaps the greatest way in which you can honour your mother
is by deterring her from consuming haraam wealth and doing haraam things,
and stopping her from wronging people unlawfully, and remind her of the sin
involved in spoiling the relationship between husband and wife, and the sin
of gheebah (backbiting), reviling and insulting others, and other haraam
things that she is doing, such as tabarruj (wanton display) and travelling
without a mahram, if these are true in her case. 

With regard to your siblings who want your mother to live
with you and your husband, you are not obliged to do that according to
sharee’ah, rather it is the duty of your mother, and in this case the right
belongs to your husband: if he agrees to that, all well and good, otherwise
you are not obliged to do this, rather we do not advise your husband to
accept this situation, because they are not neglected or in need of such a
thing, they are not poor and in need of someone to spend on them, and your
mother is not unable to take care of their affairs. Taking this
responsibility from her is helping her to do the things that she is doing
that go against Islam, and to neglect her duties, and pass on this burden to
your husband, and put pressure on you and your household with something that
is not required of you in the first place, let alone the unacceptable things
that may result from your sister living in the same house as a man who is
not her mahram (your husband). We do not advise you to accept this situation
under any circumstances. 

Secondly: 

The status and rights of the mother do not supersede the
rights of the husband, rather the husband’s rights are greater and take
precedence over your mother’s rights. Your obedience to him takes precedence
over your obedience to her, and the wise wife strives to please her husband
by doing what he wants so long as it is not contrary to sharee’ah, and she
strives to honour her mother in ways that do not go against her husband’s
commands. If there is a conflict of interest, then she should put her
husband’s commands and wishes first. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
was asked about a woman who got married, and was no longer under her
parents’ care. Which is better – honouring her parents or obeying her
husband? 

He replied: When a woman gets married, her husband has more
authority over her than her parents, and obeying her husband is more
obligatory for her. Allaah says (interpretation of the meaning):
“Therefore the righteous women are devoutly obedient (to Allaah and to their
husbands), and guard in the husband’s absence what Allaah orders them to
guard (e.g. their chastity and their husband’s property)” [al-Nisa’ 4:34].
And in a hadeeth the Prophet (peace and blessings of Allaah be upon
him) said: “This world is temporary conveniences and the best of its
comforts is a believing wife, who when you look at her she pleases you and
if you tell her to do something she obeys you, and if you are away from her
she protects you with regard to  herself and your wealth.”. In Saheeh Abi
Haatim it is narrated that Abu Hurayrah said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “If a woman offers
her five (daily prayers) and fasts her month and guards her chastity and
obeys her husband, she will enter Paradise from whichever of its gates she
wants.” In al-Tirmidhi it is narrated that Umm Salamah (may Allaah be
pleased with her) said: The Messenger of Allaah (peace and blessings of
Allaah be upon him) said: Any woman who dies when her husband is pleased
with her, will enter Paradise.” This was narrated by al-Tirmidhi, who said
it is a hasan hadeeth. It was narrated from Abu Hurayrah that the Prophet
(peace and blessings of Allaah be upon him) said: “If I were to order
anyone to prostrate to anyone, I would have ordered women to prostrate to
their husbands.” Narrated by al-Tirmidhi who said it is a hasan hadeeth. It
was also narrated by Abu Dawood with the wording: “I would have ordered
women to prostrate to their husbands because of the rights that Allaah has
given them over them.” In al-Musnad it is narrated from Anas that the
Prophet (peace and blessings of Allaah be upon him) said: “It is not
acceptable for any human to prostrate to another, but if it were acceptable
for any human to prostrate to another, I would have ordered women to
prostrate to their husbands, because of the greatness of the rights they
have over them. By the One in Whose hand is my soul, if there were sores
from his feet to the top of his head flowing with pus, then she licked them,
she would not have given him all his rights.” 

And he quoted ahaadeeth about the virtue of obeying the
husband. 

There are many ahaadeeth on this topic from the Prophet
(peace and blessings of Allaah be upon him). Zayd ibn Thaabit said: The
husband is a sayyid (lord or master) in the Book of Allaah. Then he quoted
the verse (interpretation of the meaning): “They both found her lord
(i.e. her husband) at the door” [Yoosuf 12:25]. ‘Umar ibn al-Khattaab
said: Marriage is slavery, so let one of you look to whom he is giving his
beloved daughter to be a slave to. In al-Tirmidhi and elsewhere it is
narrated that the Prophet (peace and blessings of Allaah be upon him)
said: “I urge you to treat women well, for they are like prisoners with
you.”  

So the woman is like a slave of her husband, or like a
prisoner; she should not go out of his house without his permission, whether
she is told to do so by her father, her mother or anyone else, according to
scholarly consensus. 

If a man wants to take her to another place, so long as he is
doing what is required of him, and observing the sacred limits of Allaah
with regard to her, and her father tells her not to obey him in that, then
she must obey her husband and not her father, because in that case the
parents are wrongdoers, and they have no right to tell her not to obey
someone like this husband, and she does not have the right to obey her
mother if she tells her to leave him or to cause trouble to him so that he
will divorce her, such as demanding more maintenance and more clothing, and
demanding (the deferred portion of) her mahr so that he may divorce her.  It
is not permissible for her to obey either of her parents by divorcing him if
he fears Allaah with regard to her.  

In the four Sunans and Saheeh Ibn Abi Haatim it
is narrated that Thawbaan said: The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “Any woman who asks her husband for a
divorce when there is nothing wrong, the fragrance of Paradise will be
forbidden to her.” According to another hadeeth: “The women who ask for
khula’ and the women who make a wanton display of themselves are indeed
hypocrites.” 

But if both or one of her parents tells her to do something
that involves obedience to Allaah, such as praying regularly, speaking the
truth and fulfilling trusts, and tells her not to squander or waste her
money, and other things that have been enjoined or forbidden by Allaah and
His Messenger, then she must obey them in that, even if the command comes
from someone other than her parents, so how about if it comes from her
parents? 

If her husband tells her not to do something that is enjoined
by Allaah, and he tells her to do something that Allaah has forbidden, then
she should not obey him in that. The Prophet (peace and blessings of
Allaah be upon him) said: “There is no obedience to any created being if it
involves disobedience towards the Creator.” If a master orders his slave to
do something that involves disobedience towards Allaah, it is not
permissible for him to obey him by disobeying Him, so how can a woman obey
her husband or one of her parents by committing sin? All goodness is in
obeying Allaah and His Messenger, and all evil is in disobeying Allaah and
His Messenger. End quote. Majmoo’ al-Fataawa (32/261-264). 

This is a strong answer based on knowledge, and it is
sufficient to explain what is meant, which is that it is not permissible for
your mother to spoil the relationship between you and your husband, and it
is not permissible for you to obey her in that, and your husband’s right to
your obedience is greater than your mother’s. 

Thirdly: 

Just as you are not obliged to take care of any of your
siblings because of your commitment of your husband and the requirement that
he should first agree to that, the same applies to your visiting your mother
with your children. This is not permissible except with the consent of your
husband, and you have done well to refuse your mother’s request. We affirm
that this refusal is Islamically acceptable, especially since you have no
mahram to travel with you. 

With regard to limiting the number of your mother’s visits to
you, this is something that is also up to your husband, and you can work it
out with him. The husband has the right to prevent anyone who he thinks is a
trouble-maker from entering his house, even if they are your family. As you
are in agreement and you have a good relationship, then the matter is
simple. All you have to do is agree on a specific number and time for her
visits, and stipulate that to her. Your husband has every right to do this;
indeed we think that if he stops her altogether he will be doing the right
thing, but there is the hope that if her visits are restricted to only a
few, and do not affect your family’s happiness, then there is no reason why
they should be prevented, and there is nothing wrong with tolerating them.
Determining the limit is up to you and you should consult one another and
come to some agreement. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) said: “And not allow into your houses anyone whom you dislike”
means, they (wives) should not allow anyone to enter the house if you (the
husband) do not want him or her to enter, even if it is her mother or her
father. It is not permissible for her to let her mother, father, sister,
brother, paternal uncle, maternal uncle, paternal aunt or maternal aunt into
her husband’s house, if he objects to that. Attention is drawn to this
because some women – Allaah forbid – are bad even to their daughters. If
they see that the daughters are settled and happy with their husbands, they
become jealous – Allaah forbid – even though they are mothers, and they try
to spoil things between the daughter and her husband. So the husband has the
right to stop such a mother from entering his house, and he has the right to
say to his wife: She should not enter my house. He has the right to prevent
her according to sharee’ah, and he has the right to prevent his wife from
going to see her, because she is namaamah (one who spreads malicious gossip)
and a troublemaker. The Prophet (peace and blessings of Allaah be upon
him) said: “No spreader of malicious gossip will enter Paradise.” End quote.
Sharh Riyaadh al-Saaliheen (2/91, hadeeth no. 276), 

Fourthly: 

It seems that the sin of the riba-based loan that is
mentioned in your question is borne by you, because you were an adult and
responsible for your dealings. So try to get back what is rightfully yours
from your mother, and stop the mounting interest payments that result from
your delay in repaying it. Try not to pay back anything but the original
amount without the interest (riba). If you are not able to do that, then
there is no blame on you, but it is essential to repent sincerely, because
riba is a major sin. 

We ask Allaah to guide your mother and to reconcile between
you and your husband. 

See also the answer to question no.
96665 which discusses the reasons
why mothers interfere in the lives of their married daughters, and ways of
dealing with that. 

And Allaah knows best.

He did the marriage contract with her and was intimate with her without intercourse in Ramadaan, and he had intercourse with her before announcing the marriage!

He did the marriage contract with her and was intimate with her without intercourse in Ramadaan, and he had intercourse with her before announcing the marriage!
ar - en
I got engaged to a religious brother two months ago. He wanted us to have the contract done straight away instead of just engagement. But my family refused saying that there is no reason to hurry. We used to be together alone without a guardian, therefore, what I was afraid of has happened (foreplay without intercourse) in the best month Ramadan. Since then I have been in great grief. How can I fast five months as expiation for what happened during five days of Ramadan (a month fasting expiation for every day)? This is my first problem that keeps me sleepless. Please guide me. 


Two weeks ago we had our marriage contract done. We had intercourse before announcing the consummation of our marriage that would take place next year. I read many answers on your website regarding the rights of the husband after marriage contract and before consummation, and found that he should wait until marriage is announced to avoid any problems. I told him that I will not agree to intercourse until we announce the marriage; he refused and insisted on having his right which is to enjoy me as his wife. What should I do? My family do not know that I am not anymore virgin. And I fear I get pregnant before our announced marriage. What shall I do in this situation? Shall I obey him when he needs me? Should I tell my family that we had intercourse, although they will never accept this?.

 

Praise be to Allaah.

Firstly: 

If the basic
conditions of marriage, such as the proposal and acceptance, and consent of
the woman’s wali (guardian), are met in the presence of two witnesses, or by
announcing this marriage contract, then the woman becomes the wife of the
man, and it is permissible for each of them to enjoy intimacy with the
other. 

It is
permissible for the couple to enjoy intimacy before announcing the marriage
by kissing and so on, even if that leads to emission of maniy, so long as no
intercourse takes place. 

Secondly: 

No expiation
(kafaarah) is required of one who breaks the fast in Ramadaan with no
excuse, unless the fast is broken by intercourse. Expiation is not required
of the one who breaks the fast with anything other than intercourse. 

Based on this,
no expiation is required for the intimacy that took place in Ramadaan – so
long as you say that it took place without intercourse. If emission of maniy
occurred as a result, then the fast of that day was spoiled, and you must
repent to Allaah from that, regret what has happened, and fast one day to
replace that day. 

But if no
maniy was emitted, then the fast is valid, and you do not have to do
anything. 

See also the
answers to questions no. 71213,
14315,
49614 and
37887. 

Thirdly: 

With regard to
what happened, of your husband having intercourse with you before
announcement of the marriage, he has obviously done wrong and there are many
consequences to his action. How could he be religiously committed and not
heed the warnings and advice of the scholars to those who do marriage
contracts not to hasten to consummate the marriage. What he claims, that
this is his right, is not correct. There was an agreement between him and
your family to delay the consummation until the time that had been agreed
upon, so he should have fulfilled that agreement, and adhered to this
condition which he had agreed to. The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “The condition which most deserves to
be fulfilled is that by means of which intimacy becomes permissible for
you.” Narrated by al-Bukhaari (2721) and Muslim (1418). 

Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: 

What is it
permissible for a man to do with his wife after the marriage contract had
been done and before consummation of the marriage? 

He replied: 

It is
permissible for him to do what men do with their wives, but he should be
patient until the time agreed for consummation of the marriage. If he needs
to visit her or get in touch with her, with her family’s permission, for a
clear reason, there is nothing wrong with that. If he meets her and is alone
with her with her family’s permission, there is nothing wrong with that. But
if it is done secretly without anyone knowing, that is dangerous, because
she may get pregnant from him, then he may think badly of her or deny that
he was intimate with her, so there may be a lot of fitnah and trouble. 

What he should
do is refrain and be patient until the time agreed for consummation of the
marriage. If there is a need to contact her or meet with her, that should be
with her father or her mother or brother, so that nothing can happen that
may have negative consequences. End quote. 

Fataawa
al-Shaykh Ibn Baaz
(21/208, 209). 

Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

If a man does
the marriage contract with a woman, then he is her husband and he may speak
to her on the phone and send letters to her. There is nothing wrong with him
being in touch with her, but without intercourse, because she is his wife.
If he calls her and enjoys sitting with her and kissing her, there is
nothing wrong with that, but intercourse should not take place, because
there is danger involved in intercourse and it may lead to him thinking
badly of her, or she may get pregnant from this intercourse and give birth
before the set time for consummation, so the woman may be accused of
misconduct. End quote. 

Liqaa’aat
al-baab il-Maftooh
(175/question no. 12). 

Fourthly: 

With regard to
what you have to do, it is as follows: 

1.     

Immediately give up any contact between you that may lead to intercourse.

2.     

Urge
your husband to fear Allaah and hasten to announce the marriage, even if it
involves incurring debts, or some hard work. The matter does not have to do
with the possibility of pregnancy, but with the fact that the hymen has
certainly been broken. This may have serious consequences if – Allaah forbid
– he dies or divorces you.

3.     

If
the husband cannot bring forward the wedding, then it is essential to tell
your parents about what happened and not conceal it from them. This is very
much in your interests. If he acknowledges what he did, then that is much
less serious than if he were to divorce you then deny it, or if he were to
die. 

And Allaah knows best.