Doing a second wedding party for his parents’ benefit

 

Doing a second
wedding party for his parents’ benefit

en

I wish to marry a Muslim man, (I am a
Muslim woman). We want to have a nikaah. My parents would know but his parents would not.
When we have a reception next year, can we have another more public nikaah ceremony
again--this time his parents would know about it. So is it possible to have 2 nikaah
ceremonies or is this not allowed?

 

Praise be to Allaah.

In principle, the wedding party and waleemah should be
done at the time when the groom enters upon his bride, because one of the aims of the
waleemah is to publicize the marriage, as it is something legitimate that should be made
known, as opposed to fornication which is done in secret and is hidden – even though
nowadays some people have no shame and commit haraam deeds openly, seeing no difference
between halaal and haraam (we ask Allaah to keep us safe from that). “They are
like cattle, nay, even more astray” [al-A’raaf 7:179 – interpretation of
the meaning]. There is nothing wrong with having a second wedding party, even after
some time has passed, if there is a reason for doing so. Perhaps the person who is asking
this question wants to please his parents and not make them angry. He could just inform
his parents, without having a wedding party, or he could invite them for a meal without
having a party as such. And Allaah is the Source of strength.

Ruling of non-Muslim Fasting

Ruling of non-Muslim Fasting

ar - en - fr - ur - id

When is the month of Ramadan and can someone like me fast properly? What time
of the day am I supposed to fast?

 

The fact that you have concern with the blessed month of Ramadhan, are questioning it's arrival,
and anticipating it, is very wonderful. It indicates that you are affected by this great Islamic
worship, which consists of abstaining from food and drink, and sexual intercourse from fajr (the
break of dawn), until maghrib ( the sunset) during the day of the noble month of Ramadhan.

As far as it's appointed time, my dear respected questioner, the laws of worship in Islam are
scheduled according to proof which is clearly traceable and detectable. The evidence which is
seen is not estimated. This entails the sighting of the moon, which indicates that the month of
Ramadhan has begun. So, if we see the new moon, or it is established that someone amongst us
has seen the new moon, then it becomes obligatory on the entire Muslim community to fast every
day of this month, until we see the new moon for the following month of Shawwal and know that
therefore Ramadhan has ended.

The month of Ramadhan on the Islamic calendar could be 29 or 30 days depending on the
sighting of the physical proof, which is the new moon. According to the Christian calender, the
approximate time of Ramadhan this year would occur on the 30th or 31st of December 1997.

In order for your fast to be correct and accepted, you must first enter Islam by testifying to
Allah's Oneness and believing in the Prophet and following the laws of Islam. We would be
happy to see you living a happy life with strong faith, and good years to come, spending them
inspired by Islam. We ask Allah to protect you and guide you along.

Should she complain to the qaadi because her father is not letting her get married?

Should she complain to the qaadi because her father is not letting her get married?

ar - en - ur

I have a friend who is 28 years old, and a young man has proposed marriage to her. He is religiously-committed and of good character, and he comes from a rsespectable family, as her own family have attested, because they know him from before. My friend was astonished when her father and mother refused this man, even though they praised his religious-commitment and good character. The reason they gave for their refusal was that he is not from their tribe, and it is a shame for them to let their daughter marry someone who is not from their tribe. My friend tried every way to convince them, but without success. She asked some people to speak to her father and two of her male cousins went and asked about the man and found out that he is good, and they went to her father (to convince him to let her marry him), but without success. She tried to remind her father that she is getting too old and has few chances of marriage, and she told him that Allaah would punish him, but without success, because he is under the thumb of the mother who does not want her to get married, not because of tradition or custom, but because she wants her to find a job as a teacher so she can take her salary. This is the problem. My question is, should this girl go to the court so that the qaadi will marry her to this young man? Will that take a long time before the marriage is done, i.e., will the qaadi summon her father and will there be lengthy procedures? This makes her afraid because if she goes to the court the first time and the judge makes an appointment for the hearing on another day, her family may prevent her from attending and the matter may be decided without her being present. Please advise us on this matter, may Allaah reward you with good.

 

Praise be to Allaah.
 

 

Parents’ insisting on marrying their daughters to men from the same tribe, even if
that means delaying their marriage, is a serious wrongdoing and a betrayal of the trust which Allaah has given to them. 

The evil consequences which come from denying women the opportunity to get
married, or delaying it, are known only to Allaah. Anyone who looks at the state of society will see that clearly. 

The Prophet (peace and blessings of Allaah be upon him) referred to these
evil consequences when he said: “If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character
you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread
corruption.” Narrated by al-Tirmidhi, 1084, from Abu Haatim al-Muzani. This hadeeth was classed as hasan by al-Albaani in Saheeh al-Tirmidhi. 

If a man prevents a female relative under his guardianship from marrying a man who
is compatible and who is religiously-committed and of good character, then guardianship passes from him to the next (relative) in line. 

Ibn Qudaamah (may Allaah have mercy on him) said: “Preventing a woman from
marrying means preventing a woman from marrying a compatible man if she wants to get married and if each of them wants to marry the other. Ma’qil
ibn Yassaar said: I married a sister of mine to a man, then he divorced her. When her ‘iddah ended, he came to propose marriage to her again. I
said to him, ‘I married her to you, I was kind and I honoured you, then you divorced her, and now you come proposing marriage again! No, by
Allaah, she will never go back to you.’ There was nothing wrong with the man, and she wanted to go back to him. Then Allaah revealed the words
(interpretation of the meaning): 

‘do not prevent them from marrying their (former) husbands, if they mutually
agree on reasonable basis’

[al-Baqarah 2:232] 

I said, ‘Now I will do that O Messenger of Allaah.’ So he married her to him. Narrated by
al-Bukhaari. 

It is the same whether she asks for marriage with a mahr like that of a woman of
equal standing to her, or with less. This is the view of al-Shaafa’i. 

If she wants to marry someone of equal standing, and the wali wants to marry her
to a different person of equal standing, and he refuses to marry her to the person whom she wants to marry, then he is preventing her from
marrying. 

But if she wants to marry someone of different standing, then he has the right to stop her, and
in this case he is not preventing her from marrying in the wrongful sense. 

Al-Mughni, 9/383 

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: “When a woman
reaches the age of puberty, if there comes to you one with whose religious commitment and character she is pleased and who is compatible, and the
wali does not have any proof that he is not compatible, then the wali has to respond to his request and marry her to him. If he refuses to do so,
then his responsibilities towards his charge should be pointed out to him. If he still insists on refusing after that, then he forfeits the right
of guardianship and it passes to the next closest relative on the father’s side.” 

From the Shaykh’s Fataawa, 10/97. 

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

If the wali refused to let a woman marry a man whose religious commitment and
character are good, then guardianship passes to the next closest male relative on the father’s side, then the next closest and so on. If they
refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the woman’s marriage. If
the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali
in cases where there is no specific wali.  

The fuqaha’ (may Allaah have mercy on them) stated that if the wali repeatedly
refuses marriage proposals from suitable men, then he is a faasiq (evildoer) and is no longer regarded as being of good character or as being a
wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to
offer any congregational prayer behind him. This is a serious matter. 

Some people, as we have referred to above, refuse offers of marriage from
compatible men, but the girl may feel too shy to come to the qaadi to ask for her marriage to be arranged. This is something that does happen. But
she should weigh the pros and cons, and decide which has the more damaging consequences, staying without a husband and letting her wali control
her life according to his mood or his whims and desires, and when she grows old and no longer wants to get married, then he will arrange her
marriage, or going to the qaadi and asking him to arrange her marriage because that is her right according to sharee’ah. 

Undoubtedly the second alternative is preferable, which is that she should go to
the qaadi and ask him to arrange her marriage, because she has the right to that, and because her going to the qaadi and his arranging her
marriage serves the interests of others too, because others will come just as she has, and her coming to the qaadi will serve as a deterrent to
those who wrong those whom Allaah has put under their care and prevent them from marrying compatible men. In other words, this serves three
purposes: 

1.    
The woman’s own interests, so that she will not stay without a husband.

2.    
The interests of others, because it will open the door for women who are waiting for someone to set a
precedent they can follow.

3.    
Preventing those oppressive walis who make decisions for their daughters or other women under their
guardianship according to their own moods or what they themselves want. 

This also serves the purpose of establishing the command of the Messenger
(peace and blessings of Allaah be upon him), who said: “If there comes to you (to propose marriage to your daughter) one with whose religious
commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on
earth and widespread corruption.”   

It also serves a specific interest, which is arranging marriages for those who are
suitable in terms of religious commitment and character, thus protecting them from going astray and falling into haraam. 

Quoted from Fataawa Islamiyyah, 3/148. 

Shaykh Ibn ‘Uthaymeen also said: 

Would that we could reach a level where a woman can dare, if her father refuses to let her
marry one who is suitable in terms of religious commitment and character, to go to the qaadi and he could say, “Arrange her marriage or I will do
it, or a guardian other than you will do it.” Because this is the girl’s right, if her father refuses to arrange her marriage (it is her right to
complain to the qaadi). This is her right according to sharee’ah. Would that we could reach this level, but shyness keeps most girls from doing
that.

See also question no, 10196 

The one who has most right to arrange a woman’s marriage is her father, then his
father, (and grandfathers) no matter how far the line of ascent extends; then her son and grandson, no matter how far the line of descent extends;
then her brothers through her father and her mother; then her brother through her father only; then their sons, no matter how far the line of
descent extends; then her paternal uncles; then their sons, no matter how far the line of descent extends; then the father’s paternal uncles; then
the ruler. 

Al-Mughni, 9/355 

We do not know whether the court procedures will take a long time or not. You could always
alert the qaadi to the fact that the father may prevent his daughter from attending the court in the future. We ask Allaah to make things easy for
you and to give you a way out from your difficulty. 

And Allaah knows best.

He got to know a girl through the internet and he wants to marry her but her father is refusing

He got to know a girl through the internet and he wants to marry her but her father is refusing

ar - en

I am a Muslim Arab youth. I got to know a Muslim girl of Arab origin who lives overseas, through the internet. It was – and still is – a relationship within the limits of the laws of Allaah, because, praise be to Allaah, I fear Allaah a great deal. I love her and she loves me because she is a committed Muslim girl, and she also fears Allaah. Our love is for the sake of Allaah, in sha Allaah. 


I proposed marriage to her, and she accepted and agreed, and I praised Allaah for answering my du’aa’ by blessing me with a righteous wife, especially since I have wanted to get married and settle down for a number of years. She told her mother, who is a non-Arab, and she agreed at first, because her father had been away from them from a while. Her father recently returned, and she was happy, but he had come to tell his daughter to get ready to marry a man from her father’s country, without asking his daughter’s opinion of the prospective groom. She is afraid of him because he beats her sometimes, and she sometimes says that he is crazy; may Allaah guide us and him. 


She told me that she does not want to marry this man and that she wants to marry me, and I told her the same thing. She said to me: What do you think of marrying me in secret, then we tell her father what has happened. She is over 18 years of age.

 

Praise be to Allaah.
 

 

You should note that Allaah sees and knows all that you do. 

“Allaah knows the fraud of the eyes, and all that the
breasts conceal”

[Ghaafir 40:19 – interpretation of the meaning] 

You should also note that you have done something that is not
permissible according to sharee’ah, which is corresponding and speaking to
one another. You have seen how the relationship between you developed until
the Shaytaan was able to deceive you and make your relationship appear to
you to be “love for the sake of Allaah”. 

Secondly: 

We know that love is the matter of the heart, and that a
person is not to be blamed for that over which he has no control. But he is
to be blamed fully for the things that led him to enter into this
relationship, such as forbidden glances, or words spoken in secret over the
phone or via the internet, and other footsteps of the Shaytaan which he
wants to people to follow and fall into evil ways. Allaah says
(interpretation of the meaning): 

“O you who believe!
Follow not the footsteps of Shaytaan (Satan). And whosoever follows the
footsteps of Shaytaan (Satan), then, verily, he commands Al-Fahsha’ [i.e. to
commit indecency (illegal sexual intercourse)], and Al-Munkar [disbelief and
polytheism (i.e. to do evil and wicked deeds; and to speak or to do what is
forbidden in Islam)]. And had it not been for the Grace of Allaah and His
Mercy on you, not one of you would ever have been pure from sins. But Allaah
purifies (guides to Islam) whom He wills, and Allaah is All-Hearer,
All-Knower”

[al-Noor 24:21] 

He is also to be blamed for getting carried away in a matter
in which the beginning is haraam and the end of which is an invalid
marriage. 

But it has gone this far, and the relationship between you
has reached the stage that you describe, so now it is up to the girl and her
family. If the woman can convince her father not to marry her off to someone
whom she dislikes, and she and her mother can convince him to let her marry
you, and she is – as you say – qualified for marriage, then you should
follow the steps outlined in sharee’ah of asking her father or her guardian
for her hand in marriage. If you see that the path to marriage is blocked,
then it is not permissible for you to carry on with this relationship.
Whoever gives up something for the sake of Allaah, Allaah will compensate
him with something better than it. It may be better for her to marry someone
other than you, and it may be better for you to marry someone other than
her. 

“and it may be that
you dislike a thing which is good for you and that you like a thing which is
bad for you. Allaah knows but you do not know”

[al-Baqarah 2:216 – interpretation of the meaning] 

If what this girl says
about her father is true and he is insane – but we do not think that he
really is insane in the sense that his rights of shar’i guardianship over
her are waived and he is not fit to take charge of the affairs of his
dependents – or he is denying her the right to marry one who is compatible
with no legitimate shar’i excuse, then in that case the role of guardian is
transferred to the next closest guardian, so it moves from the father to the
grandfather, for example. This matter is discussed in detail in the answer
to question no. 7193. 

As for thinking of getting married in secret, without her
guardian’s permission, this will only make matters even worse. May Allaah
protect us and you from the causes of His wrath and punishment. 

Do you not know that the Prophet (peace and blessings of
Allaah be upon him) said: “Any woman who gets married without the permission
of her guardian, her marriage is invalid,” three times. Narrated by Abu
Dawood, 2083; classed as saheeh by al-Albaani in Saheeh Abi Dawood.
So how can you think of this invalid marriage that is not pleasing to Allaah
and His Messenger, and then claim that your love is for the sake of Allaah? 

Do you not know that the Prophet (peace and blessings of
Allaah be upon him) commanded that marriages be announced publicly? He said:
“Announce marriages publicly.” Narrated by Ahmad from the hadeeth of
‘Abd-Allaah ibn al-Zubayr. Al-Albaani said: (it is) hasan. 

He made this public announcement the factor that
distinguishes a halaal marriage from haraam fornication, and said: “What
distinguishes between haraam and halaal is the daff and voices (raised in
song).” Narrated by al-Tirmidhi, 1088; classed as hasan by al-Albaani in
Saheeh al-Tirmidhi. 

Imam al-Baaji (may Allaah have mercy on him) said in Sharh
al-Muwatta’: There is no dissent concerning the fact that marriage in
secret is forbidden, because it is similar to zina which is also done in
secret… hence it is prescribed to celebrate marriages and give wedding
feasts, because that is a public announcement of the marriage. 

He also said:  Every marriage in which the witnesses are
sworn to secrecy is a secret marriage, even if there are many witnesses. 

Look at what you two are claiming. Is it a permissible
marriage as prescribed by Allaah and His Messenger, or it is the matter of
whims and desires and zina, and the footsteps of the Shaytaan? 

Beware before you both slip and fall, and build your lives on
a shaky foundation. May Allaah keep us and you safe from the Fire of Hell. 

But if the father of this girl wants to arrange her marriage against her wishes, neither the father nor any other guardian, has the right to force his daughter to marry someone she dislikes, as is explained in questions no. 26852,
7193,
22760.  But this is nothing to do with you, and you are not responsible for that. So leave her and her guardians alone. If is not decreed for you two to marry, and you withdraw from her life, as is required of you in that case, then perhaps she will see that this suitor or someone else is the right husband for her. May Allaah make us and you rich (independent of means) by His bounty. And Allaah is the Source of strength.

Are the Jews and Christians who exist nowadays mushrikeen (polytheists) and is it permissible to marry their women?

 

permissible to marry their women?

ar - en - id

What is the ruling on marrying a Jewish or Christian woman? Are the Jews and Christians of this age regarded as people of the Book or as mushrikeen?.

 

Praise be to Allaah.
 

 

Marriage to a Jewish or Christian woman is
permissible according to the view of the majority of scholars. Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (7/99):

There is no difference of opinion among the
scholars concerning the permissibility of marrying free women of the people
of the Book. Among those from whom this view was narrated are ‘Umar,
‘Uthmaan, Talhah, Hudhayfah, Salmaan, Jaabir, and others.

Ibn al-Mundhir said: There is no sound
narration from any of the earliest generation to suggest that this is
haraam. Al-Khallaal narrated, with his isnaad, that Hudhayfah, Talhah,
al-Jaarood ibn al-Mu’alla and Udhaynah al-‘Abdi all married women from among
the people of the Book. This was also the view of the rest of the scholars.

The main evidence concerning that is the
verse in which Allaah says (interpretation of the meaning):

“Made lawful to you this day are At Tayyibaat
[all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of
slaughtered eatable animals, milk products, fats, vegetables and fruits)].
The food (slaughtered cattle, eatable animals) of the people of the
Scripture (Jews and Christians) is lawful to you and yours is lawful to
them. (Lawful to you in marriage) are chaste women from the believers and
chaste women from those who were given the Scripture (Jews and Christians)
before your time when you have given their due Mahr (bridal-money given by
the husband to his wife at the time of marriage), desiring chastity (i.e.
taking them in legal wedlock) not committing illegal sexual intercourse, nor
taking them as girlfriends. And whosoever disbelieves in Faith, [i.e. in the
Oneness of Allaah and in all the other Articles of Faith i.e. His (Allaah’s)
Angels, His Holy Books, His Messengers, the Day of Resurrection and Al Qadar
(Divine Preordainments)], then fruitless is his work; and in the Hereafter
he will be among the losers”

[al-Maa'idah 5:5]

What is meant by muhsanah (translated here as
chaste) is free and chaste women. Ibn Katheer (may Allaah have mercy on him)
said in his Tafseer:

This is the view of the majority here, and
this is what appears to be the case; lest she not only be a dhimmiyah but
also unchaste, in which case she will be totally corrupt and her husband
will end up as described in the proverb, “He bought bad dates and was
cheated in weights and measures too”. The apparent meaning of the verse is
that what is meant by al-muhsanaat (chaste women) is women who refrain from
zina, as Allaah says in another verse (interpretation of the meaning):

“they (the above said slave-girls) should be
chaste [muhsanaat], not committing illegal sex, nor taking boyfriends”

[al-Nisa’ 4:25]

The Christians and Jews are kuffaar and
mushrikeen, according to the Qur’aan, but they are excluded from the
prohibition on marrying their women, because Allaah says (interpretation of
the meaning):

“And do not marry Al-Mushrikaat
(idolatresses) till they believe (worship Allaah Alone). And indeed a slave
woman who believes is better than a (free) Mushrikah (idolatress), even
though she pleases you”

[al-Baqarah 2:221]

This is the clearest way of reconciling
between the two verses.

Allaah has described them as being mushrikeen
as He says (interpretation of the meaning):

“They (Jews and Christians) took their rabbis
and their monks to be their lords besides Allaah (by obeying them in things
which they made lawful or unlawful according to their own desires without
being ordered by Allaah), and (they also took as their Lord) Messiah, son of
Maryam (Mary), while they (Jews and Christians) were commanded [in the
Tawraat (Torah) and the Injeel (Gospel)] to worship none but One Ilaah (God
— Allaah) Laa ilaaha illa Huwa (none has the right to be worshipped but He).
Praise and glory be to Him (far above is He) from having the partners they
associate (with Him)”

[al-Tawbah 9:31]

So they are kuffaar and mushrikeen, but
Allaah has permitted us to eat their meat and to marry their women if they
are chaste. This is an exemption from the general meaning of the verse in
Soorat al-Baqarah.

But it should be noted that it is better and
safer not to marry women of the people of the Book, especially nowadays. Ibn
Qudaamah (may Allaah have mercy on him) said: “… as this is the case, it is
better not to marry a woman of the people of the Book, because ‘Umar said to
those who married women of the people of the Book: ‘Divorce them,’ so they
divorced them, except Hudhayfah. ‘Umar said to him: ‘Divorce her.’
(Hudhayfah) said: ‘Do you bear witness that she is haraam?’ He said: ‘She is
a live coal, divorce her.’ He said: ‘Do you bear witness that she is
haraam?’ He said: ‘She is a live coal.’ He said: ‘I know that she is a live
coal, but she is permissible for me.’ A while later, he divorced her and it
was said to him: ‘Why did you not divorce her when ‘Umar commanded you to?’
He said: ‘I did not want the people to think that I had done something wrong
(by marrying her).’ Perhaps he was fond of her or perhaps they had a child
together so he was fond of her.”

Al-Mughni, 7/99

Shaykh Ibn Baaz (may Allaah have mercy on
him) said: “If the woman of the people of the Book is known to be chaste and
to keep away from the means that lead to immorality, it is permissible,
because Allaah has permitted that and has permitted us to marry their woman
and eat their meat.

“But nowadays there is the fear that those
who marry them may be faced with much evil. They may call him to their
religion and that may lead to their children being raised as Christians. So
the danger is very real and very serious. To be on the safe side, the
believer should not marry them. And in most cases there is no guarantee that
the woman will not commit immoral actions, or bring along children from a
previous relationship… but if the man needs to do that then there is no sin
on him, so that he can keep himself chaste and lower his gaze by being
married to her. He should strive to call her to Islam and beware of her evil
and of allowing her to drag him or the children towards kufr.”

Fataawa Islamiyyah, 3/172

And Allaah knows best.

She committed zina with a Christian, then she married a Muslim – what is the ruling on the children they produce?

 

She committed zina with a Christian, then she married a Muslim – what is the ruling on the children they produce?

ar - en

A Muslim girl lived with a Christian man without any marriage contract for a period of time, then she left him and married a Muslim. What is the ruling on what she did? 


Is she permissible for her Muslim husband? What is the ruling on the children that she has with her Muslim husband? Peace be on those who follow true guidance.

 

Praise be to Allaah.
 

 

This woman has to repent to
Allaah from the sins and evil actions that she has committed, regret that
deeply, resolve never to do it again, and do as many righteous deeds as she
can, because Allaah says (interpretation of the meaning): 

“And verily, I am indeed forgiving to him who repents,
believes (in My Oneness, and associates none in worship with Me) and does
righteous good deeds, and then remains constant in doing them (till his
death)”

[Ta-Ha 20:82] 

1 – The Islamic ruling on
that is clear: zina is an immoral action and a major sin, and a
reprehensible crime for which a person deserves the curse, anger and wrath
of Allaah for transgressing His sacred limits; and deserves His punishment
in this world by being given one hundred lashes if he or she is not
previously-married, and being stoned to death if he or she was
previously-married. We ask Allaah to keep us safe and sound. 

But whoever commits any such
action then repents sincerely to Allaah, his bad deeds will be turned to
good deeds. Allaah says (interpretation of the meaning): 

“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse
and whoever does this shall receive the punishment.

69. The torment will be
doubled to him on the Day of Resurrection, and he will abide therein in
disgrace;

70. Except those who
repent and believe (in Islamic Monotheism), and do righteous deeds; for
those, Allaah will change their sins into good deeds, and Allaah is
Oft-Forgiving, Most Merciful”

[al-Furqaan 25:68-70] 

2 – With regard to her
marriage to a Muslim man, if it was done after she repented and established
that she was not pregnant as a result of zina, then there is nothing wrong
with that, otherwise it is haraam, because it is not permissible to marry a
woman who is known to have committed zina until after she has repented and
established that she is not pregnant by waiting one menstrual cycle,
according to the most correct scholarly view. The Hanbalis and Maalikis are
of the view that she should establish she is not pregnant by waiting three
menstrual cycles, as in the case of a woman who is divorced by talaaq. The
former view was narrated from Ahmad (may Allaah have mercy on him) and was
favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), and
is supported by the report which speaks of establishing that a female
prisoner of war (i.e., a woman captured by the Muslim army in a war against
the kuffaar) is not pregnant, which was narrated from Abu Sa’eed al-Khudri
(may Allaah be pleased with him) who said that the Messenger of Allaah
(peace and blessings of Allaah be upon him) said concerning the female
prisoners of Awtaas: “No one should have intercourse with a pregnant
(concubine) until she has given birth, or with one who is not pregnant until
one menstrual cycle has passed.” Classed as saheeh by al-Albaani in
Saheeh Abi Dawood. 

The benefit of establishing
that she is not pregnant by waiting one menstrual cycle is to ensure that
she is not pregnant as a result of zina, so that the “water” (semen) of
marriage will not be mixed with that of an immoral relationship. 

If he married her during the
time when it had not yet been established whether she was pregnant or not,
then the marriage should be annulled until that has been established, after
which he may marry her if he wants. 

3 – With regard to the ruling
on the children, doubts apply only to the first pregnancy after the
marriage. If she gave birth to a child after less than six months from the
date of the marriage, then according to sharee’ah the child cannot be
attributed to the husband or named after him, because that falls short of
the minimum length of pregnancy which is six months. 

If she gave birth six months
or more from the date of the marriage, then the child should be attributed
to the husband and is regarded as his son, even if she married without
having repented or establishing that she was not pregnant, so the child
should be named after the husband in this case. 

See al-Mughni, 7/108;
al-Fataawa al-Kubra by Ibn Taymiyah, 3/176; Mawaahib al-Jaleel,
3/413

It should also be noted that
the basic principle concerning the phrase “Peace be upon those who follow
true guidance” is that it should be said to a kaafir when writing to him,
not to a Muslim. 

It says in Kishshaaf
al-Qinaa’ (3/130): If a person writes a letter to a kaafir and wants to
include a greeting in it, he should write “Peace be upon those who follow
true guidance”, because that carries a comprehensive meaning. 

The Prophet (peace and
blessings of Allaah be upon him) used to use this phrase when he wrote to
the kings around him such as Chosroes, Caesar and al-Muqawqis. 

And Allaah knows best.

A realistic look at marriage to women of the People of the Book

A realistic look at marriage to women of the People of the Book

ar - en - es

Does a Muslim man have the right to marry a Christian or Jewish woman as the Messenger (peace and blessings of Allaah be upon him) married Maariyah al-Qibtiyyah?.

 

Praise be to Allaah.
 

 

The Prophet (peace and blessings of Allaah be upon him)
did not marry Maariyah al-Qibtiyyah, rather she was his concubine. The
Muqawqis, the ruler of Egypt, gave her as gift to him after the Treaty of
al-Hudaybiyah. 

It is permissible to have intercourse with a slave woman,
even if she is not Muslim, because she is part of “what one's right hand
possesses,” and Allaah has permitted “what one's right hand possesses”
without stipulating that the slave woman be a Muslim. Allaah says
(interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts,
from illegal sexual acts)

6. Except from their wives or (the slaves) that their
right hands possess,..
for then, they are free from blame”

[al-Mu’minoon 23:5-6] 

With regard to marrying a
Christian or Jewish woman, this is permissible according to the text of the
Qur’aan. Allaah says (interpretation of the meaning): 

“Made lawful to you this day are At‑Tayyibaat [all kinds
of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered
eatable animals, milk products, fats, vegetables and fruits)]. The food
(slaughtered cattle, eatable animals) of the people of the Scripture (Jews
and Christians) is lawful to you and yours is lawful to them. (Lawful to you
in marriage) are chaste women from the believers and chaste women from those
who were given the Scripture (Jews and Christians) before your time when you
have given their due Mahr (bridal-money given by the husband to his wife at
the time of marriage), desiring chastity (i.e. taking them in legal wedlock)
not committing illegal sexual intercourse, nor taking them as girlfriends”

[al-Maa’idah 5:5] 

Ibn al-Qayyim said: 

It is permissible to marry a woman from the People of the
Book. Allaah says (interpretation of the meaning): 

“(Lawful to you in marriage) are chaste [muhsan] women
from the believers and chaste women from those who were given the Scripture
(Jews and Christians) before your time”

[al-Maa’idah 5:5] 

Muhsan here means chaste;
the same word is also used in Soorat al-Nisa’ to describe married women, who
are forbidden in marriage to anyone else. And it was said that the chaste
women to whom marriage is permitted is free women, so slave women from the
People of the Book are not permissible. However, the first view is the one
which is correct, for several reasons… 

The point is that Allaah has permitted us to marry chaste
women from among the People of the Book, and the companions of the Prophet
(peace and blessings of Allaah be upon him) did that. ‘Uthmaan married
a Christian woman, as did Talhah ibn ‘Ubayd-Allaah; and Hudhayfah married a
Jewish woman. 

‘Abd-Allaah ibn Ahmad
said: I asked my father about a Muslim man who married a Christian or Jewish
woman. He said: I do not like for him to do it, but if he does, then some of
the companions of the Prophet (peace and blessings of Allaah be upon
him) did that too. 

Ahkaam Ahl al-Dhimmah, 2/794,
795. 

Although we say that it is permissible, and we do not doubt
that there is a clear text concerning that, nevertheless we do not think
that a Muslim should marry a kitaabi woman (a woman of the people of the
Book), for several reasons: 

1 – One of the conditions of marriage to a kitaabi woman is
that she should be chaste, but there are very few chaste women to be found
in those environments. 

2 – One of the conditions of marriage to a kitaabi woman is
that the Muslim man should be in charge of the family. But what happens
nowadays in that those who marry women from kaafir countries marry them
under their laws, and there is a great deal of injustice in their systems.
They do not recognize a Muslim’s authority over his wife and children, and
if the wife gets angry with her husband she will destroy his household and
take the children away, with the support of the laws of her land and with
the help of their embassies in most countries. It is no secret that the
Muslim countries have no power to resist the pressure of those countries and
their embassies.

3 – The Prophet (peace and blessings of Allaah be upon
him) encouraged us to look for Muslim wives who are religiously committed.
If a woman is Muslim but is not religiously committed and of good character,
then the Muslim is not encouraged to marry her, because marriage is not
simply the matter of physical enjoyment only, rather it is the matter of
Allaah’s rights and the spouse’s rights, and preserving his household, his
honour and his wealth, and bringing up his children. How can a man who
marries a kitaabi woman be certain that his sons and daughters will be
raised according to Islam when he is leaving them in the hands of this
mother who does not believe in Allaah and associates others with Him? 

Hence even though we say that it is permissible to marry a
kitaabi woman, it is not encouraged and we do not advise it, because of the
negative consequences that result from that. The wise Muslim should choose
the best woman to bear his children and think in the long term about his
children and their religious upbringing. He should not let his desire or
worldly interests or transient outward beauty blind him to reality; true
beauty is the beauty of religious commitment and good morals. 

He should realize that if he forsakes these type of women for
the sake of that which is better for his religious commitment and that of
his children, Allaah will compensate him with something better, because
“Whoever gives up something for the sake of Allaah, Allaah will compensate
him with something better than that, as the Prophet (peace and
blessings of Allaah be upon him) told us, the one who speaks the truth and
does not speak of his own whims and desires. Allaah is the source of
strength and the One Who guides to the Straight Path. 

See also the answer to question no.
2527 

And Allaah knows best.