Islam Question and Answer - Her husband beats her severely

 

 

Her husband beats her severely

I am a 22 year old Muslim born female in in America


I have been married to my husband


I married him because I thought that he was a good Muslim brother who cared about spreading ISlam and helping to raise the Kalimah of Allah -swt- by helping Muslims


I wanted to break off the marriage when we were still engaged about 4 years ago because he was saying mean things to me, hurting my feelings, and emotionally abusive.


But he promised that after we got married he would be nice to me and that his harshness was the result of him having a bad job.
Since Muslims are supposed to keep their promises, I believed and trusted him, and agreed to marry him.


Since being married, he has gotten worse and has been physically abusive, even punching me and choking me.


My parents finally found out about 8 months ago. I left him to my parents house at that time for a few weeks. They convinced me that i should give him another chance because any other man i would marry would probably be even worse. They say that all of the other divorced women end up with worse husbands and situations.


He came back apologizing and promising to change his ways of saying hurtful things, being picky, and to stop the abuse. The agreemant was that I would go back to him to see if he really has changed.


After going back to him, he only changed for a short while.


He has been verbally and emotionally abusive. He has been physically abusive to a small degree. He has pushed me lightly and smacked me lightly.
Since this is how his abuse started when we first got married from light to harder and harder, I decided a couple of months later that he has not changed and told my parents that.

 

Praise be to Allaah.
 

 

We ask Allaah to help you cope with the calamities that have
befallen you, and to grant you the reward of those who are patient, for He
is Most Generous, Most Kind. 

The husband should realize that he is a shepherd and is
responsible for his flock. Allaah has enjoined upon him to treat them in a
good and proper manner and to treat his family kindly. Our Prophet
(peace and blessings of Allaah be upon him) said: “The best of you is the
one who is best towards his wife, and I am the best of you towards my
wives.” (Narrated by al-Tirmidhi, 3895; Ibn Maajah, 1977; classed as saheeh
by Shaykh al-Albaani in Saheeh al-Jaami, 3314). Part of that good and
kind treatment means not beating one’s wife in a severe manner and not
insukting or cursing her. He should realize that this is a violation of the
trust with which Allaah has entrusted him.  

We have heard that many people have a hard time finding a job
by which they may earn their livelihood, and that it may take a long time to
find a suitable job. We have heard that many of these people oppress their
wives and beat them, as if they are the cause of what is happening to them.
It is as if they use this situation to justify their abhorrent actions.
These men have to fear Allaah and to realize that they are the ones who are
most in need of obeying Allaah and keeping away from haraam things; they
should not commit sins then justify that for themselves. 

The Muslim has to realize that he is in the world of trials
and tests, so he must adorn himself with patience in bearing all the things
that happen to him in this life. He should turn to Allaah by praying to Him
to relieve him of the disasters that have befallen him, for He is the One
Who relieves worry and distress, and Who answers the prayer of the one who
has been wronged, may He be glorified and praised. Nothing is hidden from
Him and there is nothing that He is unable to do in the heavens or on earth,
to Him be praise in the beginning and at the end. 

He is the most generous of those who are generous, and His
slave does not seek to draw close to Him but He is even swifter in drawing
close to His slave. Al-Bukhaari (6856) and Muslim (4832) narrated in their
Saheehs that Abu Hurayrah (may Allaah be pleased with him) said: The
Prophet (peace and blessings of Allaah be upon him) said: “Allaah says:
‘I am as My slave thinks I am. I am with him when he makes mention of Me. If
he makes mention of Me to himself, I make mention of him to Myself; and if
he makes mention of Me in an assembly, I make mention of him in an assembly
better than it. And if he draws near to Me a hand’s span, I draw near to him
an arm’s length; and if he draws near to Me an arm’s length, I draw near to
him a fathom’s length. And if he comes to Me walking, I go to him at
speed.’” 

In your case, my sister, Allaah is testing you by means of a
man whose behaviour and attitude are bad. Based on what has been mentioned
in the question, it is permissible for you to ask for a divorce (this is
what is called khula’), because living with this man and anyone like him is
something that is unbearable. Perhaps Allaah will compensate you with
someone better than this man. If you cannot find another husband, then
staying without a husband in your parents’ house, where you will be cared
for and respected, will be better for you than staying with this man, so
long as you do not fear that you will be tempted or will fall into haraam
things. But if you fear that you may be tempted, then being patient and
bearing worldly troubles by staying with this man will be better for you
than having to bear the punishment of Allaah.

 The reasons for which it is permissible for a woman to seek
divorce (khula’) from her husband are mentioned in Question 1859 on
this site.

 And Allaah knows best.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

 

Islam Question and Answer - He left the house and went away. Is this counted as a talaaq (divorce)?

He left the house and went away. Is this counted as a talaaq (divorce)?

A husband has left a wife on three occasions. In all these occasions, he simply walked out the door, no utterance of divorce. After about a month or so for two of these occasions, the wife received a letter stating the condition if he were to return, as well as stating that if these conditions weren't met, he would divorce her. Are these two occasions classed as talaqs, also, are they 2 separate talaqs, noting that the wife did not realise that it was a talaq if it was intended. The third occasion was clearly a talaq. Furthermore, the husband is on some sort of heart medication which the wife feels has made him unstable in thought. She still wishes to be his wife and wants to care for him but according to the imaams, he has divorced her three time. She wishes for this to be resolved. Was she talaq-ed three times?

 

Praise be to Allaah.
 

 

A divorce does not happen
simply by intention, because the Prophet (peace and blessings of Allaah
be upon him) said: “Allaah has forgiven my ummah for what crosses their
minds, so long as they do not act upon it or speak of it.” (Narrated by
al-Bukhaari, 5269; Muslim, 127)  

Rather talaaq (divorce) happens in one of two ways: either by
speaking or by writing. (Fataawa al-Talaaq by Ibn Baaz, 53-54) 

On this basis, talaaq did not take place on the first and
second occasions, because the husband did not speak or write the words of
talaaq . 

As for the third occasion, if he said, as stated in the
question, “that he would divorce her if these conditions were not met”, this
too is not counted as a talaaq, rather it is a threat of talaaq. Whether the
conditions were met or not, this does not mean that a talaaq has taken
place, because of threat of talaaq does not mean that a talaaq has actually
taken place. (Fataawa al-Talaaq by Ibn Baaz, 56).

 And Allaah knows best. May Allaah send blessings and peace
upon our Prophet Muhammad and upon all his family and companions.

Islam Q&A

 

 

Islam Question and Answer - Man writing romantic letters to his former wife

 

Man writing romantic letters to his former wife

Is it halal or haram for a person to write or call former spouse in romantic way after that person is remarried and also is it approprieate to keep former spouse's cards and pictures in the bedroom where newly married couple resides?

 

Praise be to Allaah.
 

 

Firstly: 

After a woman has been divorced and her ‘iddah is finished,
she becomes a “stranger” (i.e., non-mahram) to her former husband, so it is
not permissible for him to correspond with her or talk to her or shake hands
with her or be alone with her. Such actions on his part or on hers pave the
way for immorality, let alone being haraam in and of themselves. 

1 – Shaykh Muhammad Saalih ibn ‘Uthaymeen said: 

It is not permissible for any person to correspond with a
woman who is not his mahram, because of the fitnah (temptation) involved in
that.  The person who is sending these letters may think that there is no
fitnah involved, but the Shaytaan will keep at him until he tempts the man
by means of the woman and vice versa. 

The Prophet (peace and blessings of Allaah be upon him)
commanded those who hear the Dajjaal to keep away from him, and he said that
a man may come to him as a believer, but the Dajjaal will keep at him until
he tempts him and leads him astray. 

There is a great deal of
temptation and danger in correspondence between young men and young women,
so they must keep away from it, even  though the questioner may say that
there is no love involved. 

Fataawa al-Mar’ah al-Muslimah,
2/578 

2 – Shaykh ‘Abd-Allaah al-Jibreen said, when he was asked
about corresponding with a non-mahram woman: 

This action is not permissible, because it will provoke
desire between them and will make them want to meet one another. This kind
of correspondence often causes fitnah (temptation) and plants the seeds of
zina in the heart, which leads to evil actions. So we advise those who are
seeking that which is in their own best interests and who wish to protect
themselves to avoid writing to or speaking with non-mahrams, etc., so as to
protect their religious commitment and their honour, and Allaah is the
Source of help. 

Fataawa al-Mar’ah al-Muslimah,
2/578, 579 

Secondly: 

It is not permissible
for a husband or a wife to keep pictures of one another after the ‘iddah
following talaaq has ended, because they have become strangers (i.e.
non-mahrams) to one another and Allaah has forbidden them to look at one
another. Allaah says (interpretation of the meaning): 

“Tell the believing men to lower their gaze (from looking
at forbidden things), and protect their private parts (from illegal sexual
acts). That is purer for them. Verily, Allaah is All‑Aware of what they do.

And tell the believing
women to lower their gaze (from looking at forbidden things), and protect
their private parts (from illegal sexual acts)”

[al-Noor 24:30-31] 

Moreover, for the husband to keep pictures of his former wife
in the bedroom of his new wife is contrary to good treatment of the new
wife, and it will generate jealousy and hatred towards the first wife, and
rancour and hatred towards her husband. 

Hence it is not permissible for the husband to keep pictures
of his former wife or to correspond with her. 

If the divorce is not the third and final talaaq, in which
the husband is not permitted to take back his wife until after she has been
married to another husband, and if the husband thinks that the reasons for
the divorce no longer apply and that they can adhere to the limits set by
Allaah and that each of them will be able to treat the other properly, then
in such a case he can take her back with a new marriage contract so that she
will be his wife again, especially if he has children from her whom he fears
may be adversely affected by their parents’ separation. 

Marriage to another woman does not mean that he cannot
re-marry the divorced wife if he thinks that he is able to take care of
both.

 And Allaah knows best.

Islam Q&A

Islam Question and Answer - He said that his wife would be haraam to him if he took a second wife and now he wants to marry again

He said that his wife would be haraam to him if he took a second wife and now he wants to marry again

1 – What is the ruling on a man who follows the Maaliki madhhab if he said that his wife would be haraam to him if he took a second wife, meaning to close the door to a second marriage more than to divorce his wife if he took a second wife? 


2 – What is the ruling on a man who swears that he will divorce his wife if he commits zina (dultery), then he commits zina? 


3 – If the divorce (talaaq) is valid in either case, is there any solution to enable him to keep his wife? Please note that his wife does not live with him in the same city, and he does not want to divorce her, but he wants a way out that will allow him to marry another wife so that he will not fall into zina (adultery) again and commit sin and his wife become forbidden for him.

 

Praise be to Allaah.
 

 

Firstly: 

Divorce has not taken place in this case, but he must offer
kafaarat yameen (expiation for breaking a vow) if he takes a second wife,
because by swearing that oath he meant to stop himself (from marrying
another woman), not to divorce his wife. 

Ibn ‘Uthaymeen, Fataawa Manaar al-Islam, 2/584. 

The questioner’s words,
“meaning to close the door to a second marriage more than to divorce his
wife if he took a second wife” appear to mean divorce and stopping himself
at the same time, but the idea of stopping himself is stronger. The ruling
does not change because the emphasis is more on stopping himself. 

Shaykh Khaalid al-Mushayqih  

Secondly: 

If what he intended when
he swore the oath was divorce, then divorce has taken place. If he committed
that sin, the divorce has indeed taken place. But if what he intended was to
stop himself comitting this sin – which is usually the case when such words
are spoken – then he must offer kafaarat al-yameen. 

Fataawa al-Talaaq by Shaykh Ibn
Baaz, 1/141 

The Muslim should not play about with the word of divorce (talaaq),
and swear to divorce his wife as a means of preventing himself from doing
something, because many of the scholars think that divorce actually takes
place in such cases, even if he did not intend that it should take place. 

Thirdly: 

Our advice to the
questioner is that he should repent sincerely from the zina to which he has
confessed, for this is one of the most repugnant of sins, which generates
darkness in the heart and on the face of the one who does it. He must strive
to follow the means that will prevent him from committing this sin. The
scholars (may Allaah have mercy on them) have stated that marriage is
obligatory if a man fears that he may fall into sin if he does not marry. 

Al-Mughni, 9/341 

So you must strive to bring your wife to live with you in the
same city, because this is a way of treating her in a kind manner. You
should realize that she is suffering just as you are. You should not be
concerned about protecting yourself from falling into sin, then leave your
wife to suffer, for that is contrary to the kind treatment enjoined by
Allaah and His Messenger. If you cannot manage to do that, then you should
take a second wife, but that does not mean that your first wife will be
divorced, as stated above; rather you will have to offer kafaarat yameen. 

Kafaarat yameen is mentioned in the aayah (interpretation of
the meaning): 

“Allaah will not punish you for what is unintentional in
your oaths, but He will punish you for your deliberate oaths; for its
expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale
of the average of that with which you feed your own families, or clothe them
or manumit a slave. But whosoever cannot afford (that), then he should fast
for three days. That is the expiation for the oaths when you have sworn”

[al-Maa’idah 5:89] 

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

Islam Q&A

Islam Question and Answer - The ‘iddah of a woman divorced by talaaq

 

 

The ‘iddah of a woman divorced by talaaq

I hope that you can explain the ‘iddah of a woman divorced by talaaq.

 

Praise be to Allaah.
 

 

If the woman is divorced by talaaq before the man has entered
upon her and been alone with her, i.e., before intercourse or intimacy with
her, then she does not have to observe any ‘iddah at all. Simply by virtue
of the divorce it becomes permissible for her to marry another man. But if
he has entered upon her and been alone with her and had intercourse with
her, then she has to observe the ‘iddah (waiting period) which takes one of
the following forms: 

1 – If she is pregnant then her ‘iddah lasts until the
pregnancy ends and she delivers, whether that is a long time or a short one.
It may so happen that he divorces her in the morning and she gives birth at
noon, in which case her ‘iddah is over. Or it may be that he divorces her in
Muharram and she does not give birth until Dhu’l-Hijjah, so she remains in
‘iddah for twelve months. The point is that the ‘iddah of the pregnant woman
lasts until she gives birth, no matter what the case, because Allaah says
(interpretation of the meaning): 

“And for those who are pregnant (whether they are divorced
or their husbands are dead), their ‘Iddah (prescribed period) is until they
lay down their burden”

[al-Talaaq 65:4] 

2 – If the woman is not
pregnant and she menstruates (is of child-bearing age), then her ‘iddah is
three complete menstrual cycles after the divorce, i.e., her period comes
then she becomes pure, then her period comes again and she becomes pure,
then her period comes again and she becomes pure. That is three complete
menstrual cycles, regardless of whether the time between them is long or
short. Based on this, if he divorces her and she is breastfeeding and does
not menstruate until two years later, then she remains in ‘iddah until she
has had three menstrual cycles, so she may stay in this state for two years
or more. The point is that she should go through three complete menstrual
cycles whether the time involved is long or short, because Allaah says
(interpretation of the meaning): 

“And divorced women shall wait (as regards their marriage)
for three menstrual periods”

[al-Baqarah 2:228] 

3 – If a woman
does not menstruate, either because she is very young or old and past
menopause, then her ‘iddah is three months, because Allaah says
(interpretation of the meaning): 

“And those of your women as have passed the age of monthly
courses, for them the ‘Iddah (prescribed period), if you have doubt (about
their periods), is three months; and for those who have no courses [(i.e.
they are still immature) their ‘Iddah (prescribed period) is three months
likewise…”

[al-Talaaq 65:4] 

4 – If a woman’s periods have ceased for a known reason and
she will not menstruate again, such as if her uterus has been removed
(hysterectomy), then she is like one who has passed menopause and her ‘iddah
is three months. 

5 – If her periods have ceased and she knows the cause, she
should wait for the cause to cease and for her periods to return, then she
should observe ‘iddah according to her menstrual cycle. 

6 – If her periods have ceased and she does not know what
caused that, then the scholars say that she should observe an ‘iddah of a
full year, nine months for pregnancy and three months for ‘iddah. 

These are the categories of ‘iddah for women divorced by
talaaq. 

 

Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 61-63.

Islam Question and Answer - He said to his wife, “I don’t want a woman who is like this.” Is this regarded as a divorce (talaaq)?

He said to his wife, “I don’t want a woman who is like this.” Is this regarded as a divorce (talaaq)?

A man was arguing with his wife and blaming her for her attitude, and said that she was acting like a man in her dealings with him. He said to her, “If you carry on being like this it is difficult to live together. I do not want a girl who is like this.” We asked him about his intention when he said these words and he said that he did not know what his intention was at that moment.

 

Praise be to Allaah.
 

 

The scholars regard these words as words that
are hinting at divorce. The ruling is that divorce does not take place unless that was his intention. If he did not intend to divorce her or he
does not know what his intention was at the time when he spoke these words, then divorce does not take place. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about a man who said to his wife, “I
don’t want you” a number of times. He said: These words do not constitute divorce if that was not his intention. This is a hint but is not
divorce. His wife is still his wife, and he does not have to do anything. 

Fataawa al-Talaaq
by Shaykh Ibn Baaz, p. 68.

Islam Q&A

 

 

Islam Question and Answer - He divorced his fourth wife and wants to marry another; should he wait until her ‘iddah ends?

He divorced his fourth wife and wants to marry another; should he wait until her ‘iddah ends?

If a man divorces his fourth wife and wants to marry another woman, does he have to wait until the ‘iddah of the divorced woman ends?.

 

Praise be to Allaah.
 

 

It is haraam for the man who has divorced his fourth wife to marry another until the ‘iddah of
the divorced woman has ended. 

And Allaah is the Source of strength. 

 

Fataawa al-Lajnah al-Da’imah, 18/11

 

Islam Question and Answer - Whispers from the Shaytaan and the remedy for them

 

 

Whispers from the Shaytaan and the remedy for them

Because I am suffering from waswasah (whispers from the Shaytaan), sometimes I do not answer my wife when she tries to speak to me, because of this waswasah or because I believe she is the cause of this waswasah. Does the fact that I do not answer her count as a talaaq (divorce)? If I speak to her angrily does that count as a talaaq?

 

Praise be to Allaah.
 

 

Not answering your wife does not count as a talaaq, neither
does speaking to her angrily. 

No matter how much you may think of divorce, or intend and
resolve to do it, talaaq (divorce) does not take place until and unless you
utter the words of talaaq. That is because the Prophet (peace and
blessings of Allaah be upon him) said: “Allaah has forgiven for my ummah
that which is whispered to them and which crosses their minds, so long as
they do not act upon it or speak of it.”

(Narrated by al-Bukhaari, 6664; Muslim, 127) 

Based on this, according to the scholars if a man thinks of
talaaq, that does not mean anything unless he speaks of it. 

Indeed, according to some scholars, if a person is suffering
from waswaas his talaaq does not count even if he utters it, so long as he
did not have the intention of talaaq. Shaykh Ibn ‘Uthaymeen (may Allaah have
mercy on him) said:  

“The talaaq of a person
who is suffering from waswaas does not count even if he utters the words, if
that was not done deliberately, because this utterance happened because of
waswaas, not because of his will or intention. Rather it was forced upon him
because of the strength of the waswaas and his lack of self-control. The
Prophet (peace and blessings of Allaah be upon him) said, ‘There is no
divorce under compulsion.’ So this divorce does not count, because he did
not really want to do that. This was something that was forced upon him with
no intention or choice on his part to do that, so this does not mean that
talaaq has occurred.”

(Fataawa Islamiyyah, compiled by Shaykh Muhammad ibn
‘Abd al-‘Azeez al-Musnad, 3/277) 

We advise you not to pay
any attention to these whispers, and to ignore them, and to do the opposite
of what they are calling you to do. For these whispers (waswaas) come from
the Shaytaan to cause grief to those who believe. The best way to deal with
them is to remember Allaah a great deal (dhikr), to seek refuge with Allaah
from the accursed Shaytaan, to keep away from sins and wrong actions which
are the means by which Iblees gains control over the sons of Adam. Allaah
says (interpretation of the meaning): 

“Verily, he [the Shaytaan] has no power over those who
believe and put their trust only in their Lord (Allaah)”

[al-Nahl 16:99] 

It is worth quoting here what Ibn Hajar al-Haythami (may
Allaah have mercy on him) said about dealing with waswasah in his book
al-Fataawa al-Fiqhiyyah al-Kubra, 1/149. This is what he said: 

“He was asked about the
problem of waswasah (insinuating whispers from the Shaytaan), and whether
there is a remedy for it. 

He replied by saying that there is an effective remedy for
it, which is to ignore them completely, no matter how frequently they may
come to mind. When these whispers are ignored, they do not become
established, rather they go away after a short time, as many people have
experienced. But for those who pay attention to them and act upon them, they
increase until they make him like one who is insane or even worse, as we see
among many of those who have suffered from them and paid attention to them
and to the devil whose task it is to insinuate these whispers, whom the
Prophet (peace and blessings of Allaah be upon him) warned us against
when he said, “Beware the whispers with regard to water (i.e., wudoo’) which
is caused by a devil called al-Walhaan” – because that causes a person to go
to extremes with regard to doing wudoo’, as was explained in Sharh
Mishkaat al-Anwaar. 

In al-Saheehayn there is a report which supports what
has been mentioned above, which is that whoever suffers from waswaas should
seek refuge with Allaah and turn away from the waswaas. So think about this
effective remedy which was taught by the one who does not speak of his own
whims and desires to his ummah, and understand that whoever is deprived of
this is deprived of all goodness, because waswasah comes from the Shaytaan,
according to scholarly consensus, and the accursed one (the Shaytaan) has no
other desire than to make the believers go astray, make them confused, make
their life a misery, cause them distress to the extent that they leave Islam
without realizing it. 

“Surely, Shaytaan (Satan) is an enemy to you, so take
(treat) him as an enemy”

[Faatir 35:6 – interpretation of the meaning] 

According to another
hadeeth, the one who suffers from waswasah should say, “Aamantu Billaahi
wa bi rusulihi (I believe in Allaah and in His Messengers).”
Undoubtedly, whoever thinks of the paths of the Messengers of Allaah,
especially our Prophet (peace and blessings of Allaah be upon him) will
find that his path and his law is easy and clear, with no hardship in it.  

“… and has not laid upon you in religion any hardship”

[al-Hajj 22:78 – interpretation of the meaning] 

Whoever ponders this and
believes in it sincerely, the problem of waswasah and listening to the
Shaytaan will go away. In the book of Ibn al-Sunni it is narrated via
‘Aa’ishah (may Allaah be pleased with her), “Whoever suffers from this
waswaas, let him say ‘Aamantu Billaahi wa bi rusulihi (I believe in
Allaah and in His Messengers)’, three times, and it will go away from him.” 

Al-‘Izz ibn ‘Abd al-Salaam and others mentioned something
similar to the above. They said: the treatment for waswasah is to believe
that this is an idea from the Shaytaan and that Iblees is the one who is
bringing these thoughts to his mind, and he should strive to fight him. Then
he will have the reward of the mujaahid, because he is fighting the enemy of
Allaah. If he does that, then the Shaytaan will flee from him. This is what
mankind has been tested with from the beginning of time, and Allaah has
given him (Iblees) some power over man as a test for him, so that Allaah may
show the truth to be true and falsehood to be false, even though the
disbelievers may hate that. 

In Muslim, hadeeth no. 2203, it is narrated that ‘Uthmaan ibn
Abi’l-‘Aas said: “The Shaytaan was interfering with my prayer and recitation
of Qur’aan. He [the Prophet (peace and blessings of Allaah be upon him)
] said: ‘That is a devil called Khanzab, so seek refuge with Allaah from him
and spit drily to your left three times.’ I did that, and Allaah took him
away from me.” 

This hadeeth proves the point we are making, which is that
waswasah can only overpower the one who is ignorant and confused and does
not know what’s what. But the one who has knowledge and understanding will
the Sunnah and keep away from bid’ah. The worst of the innovators are those
who follow waswaas, hence Maalik (may Allaah have mercy on him) narrated
that his shaykh al-Rabee’ – who was the imam of the people of his time – was
the fastest of the people in relieving himself and doing wudoo’. 

Ibn Hurmuz used to be slow in relieving himself and in doing
wudoo’, and he used to say “I have a problem, do not follow my example.”  

Al-Nawawi (may Allaah have mercy on him) said that one of the
scholars thought it was mustahabb for the one who was affected by waswasah
with regard to his wudoo or prayer to say Laa ilaaha ill-Allaah, for
when the Shaytaan hears dhikr (remembrance of Allaah) he slinks away, and
Laa ilaaha ill-Allaah is the best of dhikr, and the most effective
remedy for warding off waswasah is to remember Allaah a great deal. 

We ask Allaah to take away the waswasah that you are
suffering and to increase us and you in faith, righteousness and piety.

 And Allaah knows best.

Islam Q&A

Islam Question and Answer - He intended divorce but he did not speak the words out loud. Did divorce take place?

He intended divorce but he did not speak the words out loud. Did divorce take place?

If someone announces the intention to divorce his wife to anothe male. Does the divorce goes into effect?


He did not pronounce it definitively he only said it that he would or intended to. But He did not is the marriage still valid.

 

Praise be to Allaah.
 

 

This divorce has not taken place, so long as
the husband did not utter the words of divorce, because intention on its own is not enough for divorce to take place. 

This is the view of the majority of scholars,
as mentioned by al-Haafiz in al-Fath (9/394), and as quoted by Ibn Qudaamah in al-Mughni (7/121) from the majority of scholars. They
quoted as evidence for that the hadeeth narrated by al-Bukhaari (2528) and Muslim (327) from Abu Hurayrah (may Allaah be pleased with him) who
said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for whatever crosses their
minds, so long as they do not act upon it or speak of it.” Qutaadah – one of the narrators of this hadeeth – said: If it said the words of divorce
to himself, without uttering it, it does not mean anything. 

Shaykh Ibn Baaz said: 

If there is merely the intention of divorce,
that does not mean that divorce has taken place. Rather divorce takes place when the words are spoken or written. He quoted as evidence the
hadeeth mentioned above. Fataawa Islamiyyah, 3/279. 

And Allaah knows best.

Islam Q&A

Islam Question and Answer - Is it permissible to divorce one’s wife when she is pregnant?

Is it permissible to divorce one’s wife when she is pregnant?

Is it permissible to divorce one’s wife when she is pregnant?.

 

Praise be to Allaah.
 

 

Divorcing a pregnant wife is in accordance with the Sunnah.
There is a widespread notion among the common people that it is contrary
to the Sunnah, but there is no basis or evidence for this view. 

Muslim (1471) narrated the story of how Ibn ‘Umar divorced
his wife, in which it is narrated that the Prophet (peace and blessings
of Allaah be upon him) said: “Tell him to take her back then divorce her
when she is pure (i.e., not menstruating) or is pregnant.” 

Al-Nawawi said in Sharh Muslim: 

This indicates
that it is permissible to divorce a pregnant woman whose pregnancy is
established. This is the view of al-Shaafa’i. Ibn al-Mundhir said: This is
also the view of most of the scholars, including Tawoos, al-Hasan, Ibn
Sireen, Rabee’ah, Hammaad ibn Abi Sulaymaan, Maalik, Ahmad, Ishaaq, Abu
Thawr, and Abu ‘Ubayd.  Ibn al-Mundhir said: This is also my opinion, and
that of some of the Maalikis, but some of them said: It is haraam. Ibn
al-Mundhir narrated another report from al-Hasan in which he said that
divorcing a pregnant woman is makrooh. End quote. 

Ibn al-Qayyim said in Tahdheeb al-Sunan: 

The words
“then divorce her when she is pure (i.e., not menstruating) or is pregnant”
indicate that divorcing a pregnant woman is in accordance with the Sunnah. 

We have quoted in the answer to question no.
12287 the fatwa of Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him) on the ruling on divorcing
a pregnant woman.

Islam Q&A

 

 

Islam Question and Answer - Married to a Christian woman – what should he do next?

Married to a Christian woman – what should he do next?

I'm muslem by birth. Except fasting during Ramadan, I haven't been practicing much else of Islam til about 3 years ago. I married a christian (non practicing) american women about 5 years ago but I've known her for 5 more years before that. I've been hoping that she'll see the light and convert to islam but it didn't happen. We talked about it and she said that converting to islam is out of the question. She's a very nice person from a very nice family and she helped me a lot since I moved to the USA. She wants to have kids soon (so do I), but it will kill me to see my kids grow up other then muslems. Even though she agrees that the children will grow up as muslems. She said she will teach them Islam and would not confuse them by teaching them any other religion. She doesn't know much about islam and she said she'll start learning as soon as she gets pregnant. I'm very scared and depressed about this. I tried ending up the marriage 3 times but every time she cried til my heart softened and agreed to give it one more try. I'm running out of time and I don't think I can go on with having children with her. She'll resent it if we never have children and we'll probably end up separated sooner ar later.


Please advise me as to what to do. What are my responsibilities towards her if we should divorce?.

 

Praise be to Allaah.
 

 

Firstly: 

We advise you to adhere to Islam and adhere to its obligatory
duties such as prayer, zakaah and fasting, and to be an example to your wife
so that perhaps Allaah will guide her at your hands and you will achieve
much good thereby. 

Secondly: 

Your anxieties and fears about your children growing up as
non-Muslims – if they are born from this woman – reflects a commendable
concern on your part for your religion and the religion of your children.
Undoubtedly this good attitude is a good thing. In order to find peace of
mind you need to make a great deal of du’aa’ and ask Allaah to protect your
religious commitment and that of your children. You have to pray istikhaarah
as prescribed in Islam, and ask Allaah to guide you and help you to make the
right decision as far as your religious commitment is concerned,  and choose
whether to stay with her and have children with her, or to leave her and
marry a committed Muslim woman with whom you will feel confident – by
Allaah’s leave – about your children. Be certain that whoever gives up
something for the sake of Allaah, Allaah will compensate him with something
better than it, as is proven in the hadeeth of the Prophet (peace and
blessings of Allaah be upon him). You can make the most of your wife’s being
so attached to you to explain to her that if there is a conflict between
your love for her and the soundness of your religious commitment, then the
soundness of your religious commitment has to take priority. Perhaps this
will motivate her to enter the true religion of Allaah – Islam. 

You should note that you cannot force her to enter Islam
without conviction, because entering the religion of Islam by force will not
benefit her, as Ibn Katheer mentioned (1/211). 

See also The effects of marriage to kitaabi women (i.e.,
Jewish and Christian women), question no.
20227. 

Thirdly: 

If your circumstances are conducive to your raising your
children as Muslims and protecting them from religious and moral deviation,
and your wife and her family will not be able to influence them in those
areas, then there is nothing wrong with trying to have children with your
wife, even if she remains a Christian, because having children is also the
wife’s right, and that may help her to learn about Islam and look into it as
she has promised to do. 

Fourthly: 

You should try to move to a Muslim country where you will be
able to give your children a sound upbringing, whether you stay with this
wife or marry someone else, because staying in the kaafir lands is not
permissible except in cases of necessity or where it serves the interests of
the Muslims – such as staying there to call people to Allaah, or to study
and acquire knowledge that the Muslims need but is not available in their
countries – so long as one is able to practise Islam openly and call others
to Islam, because the Prophet (peace and blessings of Allaah be upon
him) said: “I disavow any Muslim who stays among the mushrikeen.” Narrated
by Abu Dawood, 2645; classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

For more information on this issue please see question no.
13363. 

Fifthly: 

In the event of a divorce, then the wife is entitled to the
delayed mahr (dowry), if applicable. With regard to accommodation and
maintenance, that depends on the type of divorce: 

If a man has given his wife one revocable talaaq (divorce),
then she is entitled to accommodation and maintenance during the ‘iddah; she
may also inherit from him and he from her (if either of them dies) during
this period, because they are still married. The evidence that a woman
divorced by a revocable talaaq is entitled to accommodation is the verse in
which Allaah says (interpretation of the meaning): 

“O Prophet! When you divorce women, divorce them at their
‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods).
And fear Allaah your Lord (O Muslims). And turn them not out of their
(husband’s) homes nor shall they (themselves) leave, except in case they are
guilty of some open illegal sexual intercourse. And those are the set limits
of Allaah. And whosoever transgresses the set limits of Allaah, then indeed
he has wronged himself. You (the one who divorces his wife) know not it may
be that Allaah will afterward bring some new thing to pass (i.e. to return
her back to you if that was the first or second divorce)”

[al-Talaaq 65:1] 

If she does not go back to him until after the ‘iddah has
ended, then she can only go back to him with a new marriage contract. 

If a man divorces his wife with an irrevocable talaaq, then
she is not entitled to accommodation and maintenance during the ‘iddah,
unless she is pregnant. 

Irrevocable divorce is of two types: 

(i)               
The “lesser” type, which is
divorce before the marriage has been consummated, and the divorce in return
for some compensation or payment.

(ii)             
The “greater” type, which is
the third of three talaaqs. 

The evidence that a woman who has been divorced by an
irrevocable talaaq is not entitled to maintenance or accommodation is the
report narrated by Muslim (1480) from al-Sha’bi who said: I entered upon
Faatimah bint Qays and asked her about the ruling of the Messenger of Allaah
(peace and blessings of Allaah be upon him). She said that her husband
divorced her irrevocably and she referred the matter to the Messenger of
Allaah (peace and blessings of Allaah be upon him) to judge with regard
to accommodation and maintenance. She said: He did not grant me
accommodation or maintenance, and he told me to observe my ‘iddah in the
house of Ibn Umm Maktoom. 

According to another report also narrated by Muslim she said:
I mentioned that to the Messenger of Allaah (peace and blessings of
Allaah be upon him) and he said: “You are not entitled to any maintenance or
accommodation.” According to a version narrated by Abu Dawood: “You are not
entitled to any maintenance unless you are pregnant.” 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He divorced her before consummation of the marriage and she is thinking of going back to him

He divorced her before consummation of the marriage and she is thinking of going back to him

I was engaged for over a year and did the Islamic marriage contract. It was agreed upon by all parties at the signing, that it was going to be like an engagement and we would have the wedding at the end of the year after I was done with school. However, during this engagement period some misunderstandings arose between my fiance and my parents. My parents did not want me to see my fiance anymore and felt that he was not a healthy match for me. I agree that he was disrespectful and immature sometimes, but I also loved him and made excuses for his behavior. He lived in another town so we basically had a long distance relationship, and misunderstandings began to pile up. He started to demand that I move in with him immediately or he would divorce me. I told him that we agreed to have a wedding first, and he said we could do that later, but for the time being I was his wife and I had to live with him. It was so hard for me to have to choose between my parents and my fiance. I didn't see him as a "husband" yet and it was very confusing and frustrating and I told him I could not choose over my parents. So my fiance ended the relationship and sent a letter to our imam saying that he divorced me. It has been about five months since the relationship ended, but I recently saw my ex-fiance and have been in depression for over a week. I feel so guilty for not listening to him and want to know if Islamically we should reconcile and if I should go back to him. I'm afraid I will never be able to love someone again, and that he will always be on my mind. I know we may not be a good match, but at the same time we know each other so well, and had started to become intimate. I really don't know what to do. My parents are totally against him and I know they have good reasons, but I still have feelings for him and want to get back together with him. If it's not good to re-start this relationship, is there anyting I can do to move on?.

 

Praise be to Allaah.

Firstly: 

If the marriage contract has been done, then the fiancée
becomes the wife of her fiancé, but she does not have to move in with him if
she stipulated that the consummation was to be delayed until a certain time
and he agreed to that condition, because the Prophet (peace and
blessings of Allaah be upon him) said: “The Muslims are bound by their
conditions.” Narrated by al-Tirmidhi (1352) and Abu Dawood (3594); classed
as saheeh by al-Albaani in Saheeh al-Tirmidhi. And the Prophet
(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) from
the hadeeth of ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him). 

Based on this, there is no sin on you for not going to him,
and he erred by asking you to do so before the end of the year which you had
agreed upon. He also erred by trying to influence you to go against your
parents and by hastening to divorce. This indicates that he is not mature.
If he was really keen to marry you, he would have waited until the end of
the year and the time would have passed quickly. 

Secondly: 

If a man divorces his wife before consummating the marriage,
then she is completely divorced as a result, therefore he cannot take her
back, and she does not have to observe any ‘iddah. But there is nothing
wrong with him proposing to her a second time and marrying her, if she and
her guardian agree to that, with a new contract and a new mahr. 

Thirdly: 

If your family do not think that this person is suitable for
you, then you should obey your family, especially since you agree that they
have reasons for adopting this stance. As for the fact that you feel some
attachment to him, this is something natural that happens between a woman
and her husband, but if Allaah gives you another husband you will love him
in sha Allaah. Marriage is for life, and cannot be based only on emotions.
Hence the wisdom of sharee’ah dictates that the approval of the woman’s
guardian (wali) is essential, because women are weak and easily swayed by
emotions, and may yield their rights or be impressed by someone who
impresses them even if he is not suitable. So follow your parent’s wishes,
for they are more far-sighted than you, and do not put pressure on them to
accept this man, if he proposes to you again.  

Fourthly: 

It is clear to you that the approval of the woman’s wali is
essential for the marriage to be valid, so marrying this man again will
never be valid without your father’s consent. Right now you are a non-mahram
to this man, so there is no way you can form a relationship with him,
because you are no longer his wife at present. 

You should occupy yourself with that which will benefit you,
and do not think about the past, until Allaah grants you a righteous
husband. Do not go ahead and marry anyone until after you have asked about
him and are confident about his religious commitment and good character. Let
the past be a lesson to you, and praise Allaah that you found out about this
husband’s faults before you consummated the marriage and moved in with him. 

We ask Allaah to help and guide you. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - Is it sufficient to divorce through lawyers?

Is it sufficient to divorce through lawyers?

I would like to know if i will divorce to my wife according to canadian law i mean through lawyer its enough to divorced in this way or also islamically i have to give her like by email or etc. plz advice me .

 

Praise be to Allaah.

If a man wants to divorce his wife in a Sunnah divorce, then
he should divorce her once (one talaaq) when she is not menstruating and he
has not had intercourse with her since her menses ended, or when she is
pregnant, then he should leave her until her ‘iddah has ended, then she will
be divorced but it will be a revocable divorce, and he cannot take her back
unless it is with a new marriage contract and a new mahr. 

Ibn Qudaamah (may Allaah have mercy on him) said: What is
meant by a Sunnah divorce is the divorce which is in accordance with the
command of Allaah and the command of His Messenger (peace and blessings
of Allaah be upon him); it is a talaaq during the time when the wife is pure
(i.e., not menstruating) and he has not had intercourse with her (since her
last menses), then he leaves her until her ‘iddah is over. There is no
difference of scholarly opinion concerning the fact that if he divorces her
during the time when she is pure (i.e., not menstruating) and he has not had
intercourse with her (since her last menses), then he leaves her until her
‘iddah is over, then he has acted in accordance with the Sunnah, and has
divorced her as enjoined by Allaah. This was stated by Ibn ‘Abd al-Barr and
Ibn al-Mundhir. Ahmad said: The Sunnah divorce is one talaaq, then he should
leave her until she has had three menstrual cycles. Maalik, al-Awzaa’i,
al-Shaafa’i and Abu ‘Ubayd said something similar. End quote from
al-Mughni (7/278). 

It is essential to utter the words in the case of divorce, or
to write them with the intention of divorcing, whether he sends the letter
to her or not. In the case of divorce, it is not sufficient to have the
intention without uttering or writing down the words. 

Ibn Qudaamah (may Allaah have mercy on him) said: Divorce
does not take place without uttering the words of divorce, except in two
cases: The first case is where the man is unable to speak, such as one who
is mute; if he issues a divorce by means of gestures, then his wife is
divorced. This was the view of Maalik, al-Shaafa’i and ashaab al-ra’y, and
we do not know of anyone who disagreed with them. 

The second case is when divorce is written down. If he
intended it, then his wife is divorced. This is the view of al-Shaafa’i,
al-Nakha’i, al-Zuhri, al-Hakam, Abu Haneefah and Maalik, and it is narrated
from al-Shaafa’i. Al-Mughni (7/373). 

It is permissible to delegate someone else in the case of
divorce, i.e., the husband may say to someone else: I appoint you to divorce
my wife (inform her that she is divorced), or he may delegate his wife to
divorce herself. If the person appointed issues the divorce or the wife
divorces herself, then divorce takes place. 

But the husband does not have the right to appoint someone
else to issue a threefold talaaq, rather he may appoint someone to issue one
talaaq only, because it is not permissible for the husband to issue a
threefold divorce, so it is even less permissible for his representative to
do so. 

The lawyer is your delegate or representative in issuing the
divorce to your wife. 

Based on that, if the lawyer is going to utter the words of
divorce or write them down on your behalf, there is nothing wrong with that,
and the divorce takes place thereby, and there is no need for you to utter
the words of divorce, or to write them down and send them to your wife. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - He issued the third talaaq (divorce) and claims that he was angry

He issued the third talaaq (divorce) and claims that he was angry

A man had issued two talaaqs (pronouncements of divorce) to his wife, and during an argument with his father he issued the third divorce to his wife. After that he claimed that he had been in a state of intense anger and he does not know how he did that. What is the ruling on that?.

 

Praise be to Allaah.

Firstly:  

The talaaq in which the husband is allowed to take back his
wife is the first or second talaaq. If he divorces her a third time, she
becomes a stranger to him (non-mahram) and she is not permissible for him
until she has married another husband and the marriage has been consummated.
Allaah says (interpretation of the meaning): 

“The divorce is twice,
after that, either you retain her on reasonable terms or release her with
kindness. And it is not lawful for you (men) to take back (from your wives)
any of your Mahr (bridal-money given by the husband to his wife at the time
of marriage) which you have given them, except when both parties fear that
they would be unable to keep the limits ordained by Allaah (e.g. to deal
with each other on a fair basis). Then if you fear that they would not be
able to keep the limits ordained by Allaah, then there is no sin on either
of them if she gives back (the Mahr or a part of it) for her Al-Khul‘
(divorce). These are the limits ordained by Allaah, so do not transgress
them. And whoever transgresses the limits ordained by Allaah, then such are
the Zaalimoon (wrongdoers).

230. And if he has divorced her (the third time), then she
is not lawful unto him thereafter until she has married another husband.
Then, if the other husband divorces her, it is no sin on both of them that
they reunite, provided they feel that they can keep the limits ordained by
Allaah. These are the limits of Allaah, which He makes plain for the people
who have knowledge”

[al-Baqarah 2:229-230] 

It is not a condition of divorce that the woman should hear
it from her husband or know of it. If a man issues the divorce verbally or
in writing, whether in her presence or in her absence, then the divorce
takes effect. 

With regard to anger, it depends on the situation. 

If it is mild anger and does not affect his will or choice,
then the divorce takes effect and is valid. 

If the anger is so intense that he does not know or realize
what he is saying, then this divorce does not count, because he is like one
who is insane, who is not to be taken to task for what he says. 

In these two cases, there is no dispute among the scholars.
There remains a third type of anger, which is intense anger that affects a
man’s will, so he speaks and it is as if he is pushed to say what he says,
but he quickly regrets it as soon as his anger dissipates, but he did not
reach a point where he did not know what he was saying or doing. There is a
difference of scholarly opinion with regard to this kind of anger. We have
discussed that in the answer to question no.
22034. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He sent a message via mobile phone divorcing his wife as a joke

He sent a message via mobile phone divorcing his wife as a joke

If a husband sends a message to his wife on the mobile phone telling her “You are divorced” is she regarded as being divorced, whether that was joking or serious?.

 

Praise be to Allaah.

Firstly: 

A man’s divorce of his wife does not happen by intention
alone. If he expresses his intention verbally – or by means of
understandable gestures in the case of one who is mute – or by writing,
whether on paper or via mobile phone messages or e-mails, all of these mean
that the divorce takes effect, provided that that the writing can be proven
to be from him, because it is easy to forge messages in these cases. 

For more information please see the answer to question no.
36761 and
20660 

Secondly: 

There is no difference of opinion among the scholars
concerning the fact that divorce of one who is serious counts as such. 

As for one who is joking, if he clearly utters the words of
divorce “You are divorced (talaaq)” verbally, not in writing, then the
majority of scholars are of the view that it counts as such. They quoted as
evidence the hadeeth narrated by Abu Hurayrah (may Allaah be pleased with
him) who said: The Messenger of Allaah (peace and blessings of Allaah
be upon him) said: “There are three matters in which seriousness is serious
and joking is serious: marriage, divorce and taking back (one’s wife).”
Narrated by Abu Dawood, 2194; al-Tirmidhi, 1184; Ibn Maajah, 2039. Classed
as hasan by al-Albaani in Irwa’ al-Ghaleel, 1826. 

See also the answer to question no.
44038 

With regard to writing the words of divorce, whether the
husband writes them on a piece of paper or in a message sent by mobile phone
or by e-mail, this does not count as a divorce unless that was his
intention. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked
about a man who wrote that his wife was divorced on a piece of paper then
gave it to her. He replied: 

This divorce does not count for the woman mentioned if he did
not intend to divorce her thereby, rather it was just writing or he intended
something other than divorce, because the Prophet (peace and blessings
of Allaah be upon him) said: “Actions are but by intentions…” 

This is the view of a large number of scholars, and some
narrated that it is the view of the majority, because writing is a like a
metaphor and divorce does not take place by means of metaphors unless it is
accompanied by the intention to divorce, according to the more sound of the
two scholarly opinions, and unless the writing is accompanied by something
which indicates that the intention is divorce, in which case divorce does
take place. End quote. 

See also the answer to question no.
72291 

Based on this, if your husband intended divorce by this
writing, then it counts as a divorce. But if he was joking, as you say, and
did not intend divorce, then it does not count as a divorce. 

Our advice to husbands is to fear Allaah and not to take the
rulings of Allaah as a joke or a game. They should realize that divorce
destroys families and causes the children to be lost, and it exposes the
wife to humiliation and temptation. So they should fear Allaah and preserve
their families, and strive to be patient and forbearing before they resort
to divorce. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - Ruling on going to astrologers and believing them

Ruling
on going to astrologers and believing them

Is it permissible to go to astrologers and to believe what they say, or not?
Al-Nasaa’i narrated that the Prophet
(peace and blessings of Allaah be upon him) said: “The prayer of the one who goes to them and believes them will not be accepted.” Is this correct? Please explain to us what was narrated from the Prophet
(peace and blessings of Allaah be upon him) and what the scholars have said.

 

Praise be to Allaah. 

There are many ahaadeeth
which state that this is haraam, such as the hadeeth narrated from Safiyah
bint Abi ‘Ubayd from one of the wives of the Prophet
(peace and
blessings of Allaah be upon him), who narrated that he said: “Whoever
goes to a soothsayer and asks him about something and believes him, his
prayer will not be accepted for forty days.” (Narrated by Muslim in his Saheeh).

 Qusaybah ibn
al-Mukhaariq said: “I heard the Messenger of Allaah
(peace and
blessings of Allaah be upon him) say: ‘Al-‘ayaafah,
al-tiyarah and al-turuq [kinds of augury] are all part of al-jabt
[witchcraft or idolatry].’” This was narrated by Abu Dawood with a saheeh
isnaad. Abu Dawood said: Al-‘ayaafah,
al-khatt and al-turuq are all kinds of augury, whereby a bird
is released and is watched to see whether it flies to the right or to the
left. If it flies to the right it is taken as a good omen and if it flies
to the left it is taken as a bad omen. Al-Jawhari said: al-jabt
is a word which may be applied to idols, soothsayers, magicians,
astrologers etc.

 It was narrated that
Ibn ‘Abbaas (may Allaah be pleased with him) said: the Messenger of
Allaah
(peace and blessings of Allaah be upon him) said: “Whoever
seeks knowledge from the stars is seeking one of the branches of
witchcraft…” Narrated by Abu Dawood with a saheeh
isnaad.

 It was narrated that
Mu’aawiyah ibn al-Hakam said: “I said, ‘O Messenger of Allaah, I am
still close to the time of Jaahiliyyah [i.e., I am new in Islam]. Allaah
has brought Islam to us, but there are among us men who go to soothsayers
(fortune tellers).’ He said, ‘Do not go to them.’ I said, ‘And
there are men among us who practise augury [watch birds for omens].’ He
said, ‘That is something which they make up. Do not believe them.’”
(Narrated by Muslim).

 It was narrated from
Abu Mas’ood al-Badri that the Messenger of Allaah
(peace and
blessings of Allaah be upon him) forbade the price of a dog, the fee of a
prostitute and the payment of a soothsayer. (Narrated by al-Bukhaari and
Muslim).

 It was reported that
‘Aa’ishah (may Allaah be pleased with her) said: “Some people asked
the Messenger of Allaah
(peace and blessings of Allaah be upon him)
about soothsayers. He said, ‘They are nothing.’ They said, ‘O
Messenger of Allaah, sometimes they say something and it comes true.’
The Messenger of Allaah
(peace and blessings of Allaah be upon him)
said: ‘That is a word of truth that the jinn snatches and whispers into
the ear of his familiar, but they mix a hundred lies with it.’”
(Narrated by al-Bukhaari and Muslim).

 It was narrated from
Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah

(peace and blessings of Allaah be upon him) said: “Whoever comes to
a soothsayer and believes what he says, or has intercourse with a woman in
her back passage, has nothing to do with that which has been revealed to
Muhammad
(peace and blessings of Allaah be upon him).” (Narrated by
Abu Dawood).

 … The scholars have
stated that it is haraam to deal with such matters or to go to find out
about them or to believe in them. It is haraam to pay them money, and
anyone who is suffering from any of these things must hasten to repent
from it. And Allaah knows best.

 

Fataawa al-Imaam al-Nawawi, 230.

 

 

Islam Question and Answer - Will good deeds avail a person anything if he dies as a kaafir?

Will good deeds
avail a person anything if he dies as a kaafir?

When a non-muslim, leads the life in this
world not committing any major sins, doing all good deeds as he can, and lives as a very
good human-being and dies as a non-muslim, will he be going to heaven because of good
deeds or will be led into hell since he was not a muslim and (knowingly or unknowingly)not
accepted the oneness of Allah?
Please clarify.

 

Praise be to Allaah.

If a person dies following a religion other than Islam, then
Paradise will be forbidden for him, because Allaah says (interpretation of the
meaning):

“Verily, whosoever sets up partners (in worship) with
Allâh, then Allâh has forbidden Paradise to him, and the Fire will be his abode”
[al-Maa’idah 5:72]

Good deeds done by a person whilst he is a kaafir will not
benefit him in the Hereafter at all, because Allaah says (interpretation of
the meanings):

“And whoever seeks a religion other than Islam, it will
never be accepted of him, and in the Hereafter he will be one of the losers”
[Aal ‘Imraan 3:85]

“And We shall turn to whatever deeds they (disbelievers,
polytheists, sinners) did, and We shall make such deeds as scattered floating
particles of dust” [al-Furqaan 25:23]

“Those who deny Our Ayaat (proofs, evidences, verses,
lessons, signs, revelations, etc.) and the Meeting in the Hereafter (Day of
Resurrection,), vain are their deeds. Are they requited with anything except
what they used to do?” [al-A’raaf 7:147]

‘Aa’ishah (may Allaah be pleased with
her) asked the Prophet (peace and blessings of
Allaah be upon him) a question similar to that asked here. She (may Allaah be
pleased with her) said: “O Messenger of Allaah, during the Jaahiliyyah
Ibn Jud’aan used to uphold the ties of kinship and feed the poor. Will
that be of any avail to him?” He said, “No, that will not be of any
avail to him, because he never said ‘O Lord, forgive me my sins on the
Day of Judgement.’” (Narrated by Imaam Muslim – may Allaah
have mercy on him) in his Saheeh, 214).

But if the kaafir never heard about Islam and Da’wah never
reached him, then Allaah will test him on the Day of Resurrection (please see
Question #1244). And Allaah knows best.

 

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

 

 

Islam Question and Answer - Is this durood shirk?

Is this durood shirk?

Is it shirk to recite this darood :


“ALLAHUMA SALL-E-WASALLIM  ‘ALAA SAYEDINA MOHAMMADIN QAD DAQAT HEELATI ADRIKNI YA RASOOL ALLAH "

 

Praise be to Allaah. 

Yes, this counts as shirk, because
it is seeking the help of the Messenger
(peace and blessings of Allaah be upon him) and complaining about one’s
situation to him. This implies that the Messenger
(peace and blessings of Allaah be upon him) can hear the call of those
who call upon him in any place, and that he helps those who seek his
help, and that he can relieve their distress. The Messenger
(peace and blessings of Allaah be upon him) was not able to do this
when he was alive, so how about after his death? He does not know the
unseen, and he does not possess the power to cause harm or bring benefits
to himself or to others. Allaah says (interpretation of the meanings):

“Say
(O Muhammad): “I possess no power over benefit or hurt to myself except
as Allaah wills. If I had the knowledge of the Ghayb (Unseen), I should
have secured for myself an abundance of wealth” (al-A’raaf 7:188)

“And
your Lord said: “Invoke Me [i.e. believe in My Oneness (Islamic Monotheism)
and ask Me for anything] I will respond to your (invocation)” (Ghaafir
40:60)

“And when My slaves ask you
(O Muhammad) concerning Me, then (answer them), I am indeed near (to
them by My Knowledge). I respond to the invocations of the supplicant
when he calls on Me (without any mediator or intercessor)” (al-Baqarah
2:186)

 So
people should not call on anyone except Allaah; they should not seek
the help of anyone except Him; they should not place their hopes in
anyone except Him; they should not put their trust in anyone except
Him. Allaah alone is the One in Whose hand is sovereignty and goodness,
and He is Able to do all things.

 Knowing
the unseen, relieving distress, hearing the call of those who call upon
Him and responding to them, are all things which only the Lord does.
Whoever attributes any of these things to anyone else is a mushrik who
is guilty of major shirk (shirk akbar).
Allaah says (interpretation of the meanings):

“Is
not He (better than your gods) Who responds to the distressed one, when
he calls on Him, and Who removes the evil, and makes you inheritors
of the earth, generations after generations? Is there any ilaah (god)
with Allaah? Little is that you remember!” (al-Naml 27:62)

“Say:
None in the heavens and the earth knows the Ghayb (Unseen) except Allaah”
(al-Naml 27:65)

 Allaah
is the One Who forgives sins, relieves distress and knows what is in
people’s hearts. People should not seek these things – forgiveness of
sins, relief from distress and other things which no one is able to
do except Allaah – from anyone other than Him, for He is the Only One
Who is able to do that.

 

Shaykh ‘Abd al-Rahmaan al-Barraak

 

Islam Question and Answer - Is it permissible to give the reward of an action to someone who offered sacrifices to someone other than Allaah out of ignorance?

Is it permissible to give the reward of an action to someone who offered sacrifices to someone other than Allaah out of ignorance?

According to what he has been told, his father offered sacrifices to someone other than Allaah. Now he wants to offer charity on his father’s behalf and perform Hajj on his behalf, and he blames his father’s falling into that (sin) on the fact that there were no scholars or teachers to advise him. What is the ruling on all of that?

 

Praise be to Allaah. 

If his father is known to have been a good and righteous
Muslim, he should not believe anything that he is told to the contrary
by those who  are not of sound character. It is Sunnah for him
to make du’aa’ for him and to give charity on his behalf, unless he
knows for sure that his father died in shirk.
That knowledge would come about if he has the testimony of two or more
sound witnesses who can testify that they saw him offering a sacrifice
to someone other than Allaah, such as the occupant of a grave, etc.,
or heard him calling upon anyone other than Allaah. If that happens,
then he should refrain from making du’aa’ for him, and his case rests
with Allaah, because the Prophet
(peace and blessings of Allaah be upon him) asked his Lord for permission
to pray for forgiveness for his mother, and Allaah did not give him
permission, although she had died during the Jaahiliyyah as a follower
of the religion of the kuffaar. Then he asked his Lord for permission
to visit her grave, and He gave him permission. That indicates that
whoever dies in shirk,
even if he is ignorant, we cannot make du’aa’ for him, or pray for forgiveness
for him, or give charity on his behalf, or perform Hajj on his behalf.
As for those who die in places which the call of Allaah has not reached,
their case rests with Allaah.

 The correct scholarly view is that they will be tested
on the Day of Resurrection; if they obey, they will go to Paradise and
if they disobey they will go to Hell, because of the saheeh ahaadeeth
which have been narrated describing that. 

 

Majmoo’ Fataawa wa Maqaalaat li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 341

 

 

Islam Question and Answer - Is it permissible to call upon a dead wali (“saint”) or Hazrat ‘Ali

 

 

Is it permissible to call upon a dead wali (“saint”) or Hazrat ‘Ali

forgive me, I have more than 1 question.


1. Is the Prophet Sallalahu Alaihe Wasallam or any other being apart from Allah Omnipresent?


2. Can we call on anyone in times of need ie. a dead saint or Hazrat Ali Radialahahu anhu etc?


Please could you quote the relevent Hadith and Qur'an Ayahs

 

Praise be to Allaah. 

First of all, we must comment on your saying in your
question, “or any other being apart from Allah…” We must point out that
this wording is wrong, because it may be taken as meaning that you think
that Allaah is a created being; but we are sure that you do not believe
that. 

Firstly:

Allaah said to His Prophet
(peace and blessings of Allaah be upon him):

“Verily, you (O Muhammad) will die,
and verily, they (too) will die” [al-Zumar 39:30]  

And Allaah said (interpretation of the
meaning): 

“Muhammad is no more than a Messenger, and indeed
(many) Messengers have passed away before him. If he dies or is killed,
will you then turn back on your heels (as disbelievers)?” [Aal
‘Imraan 3:144]

“And We granted not to any human being
immortality before you (O Muhammad); then if you die, would they live
forever? [al-Anbiyaa’ 21:34]  

Abu Bakr (may Allaah be pleased
with him) said, in his speech after the Prophet
(peace and blessings of Allaah be upon him) had died, “Whoever used
to worship Muhammad, Muhammad has died, but whoever used to worship
Allaah, Allaah is Alive and will never die.” (Narrated by al-Bukhaari).

This and similar evidence
indicates that Muhammad (peace
and blessings of Allaah be upon him) was a human being like all other
human beings, who died as they die, and will never be immortal just
as no one before him was immortal.

Whoever wants to put the Prophet
beyond the human realm and claim that the Prophet is present in all
places, is the one who should be asked to produce evidence (daleel).
How does he know that the Prophet is omnipresent at all times? Moreover,
those who make the same claim with regard to Allaah (should know that)
this is kufr, deviation and misguidance. This belief implies that Allaah
is present even in dirty places like bathrooms etc. – Glorified be Allaah
far above what they say.

Secondly:

-                    
You have to read the book Fath al-Majeed Sharh Kitaab
al-Tawheed, by Shaykh ‘Abd al-Rahmaan ibn Hasan.

-                    
Know that du’aa’ and asking for help are forms of worship, as
Allaah says (interpretation of the meaning):

“And your Lord said: ‘Invoke Me [i.e. believe in
My Oneness (Islamic Monotheism) and ask Me for anything] I will respond
to your (invocation). Verily, those who scorn My worship [i.e. do not
invoke Me, and do not believe in My Oneness, (Islamic Monotheism)] they
will surely enter Hell in humiliation!’” [Ghaafir
40:40]

And according to a report
narrated by al-Tirmidhi, the Prophet
(peace and blessings of Allaah be upon him) said: “Du’aa’ is worship.”

 So it is not permissible
to offer du’aa’ to or call upon anyone except Allaah. But the evidence
indicates that it is permissible to ask another person for some things,
but that is subject to two conditions : 

1-                 
That it should be something possible and the person should be
able to do it, such as asking a person to give you money when you are
in need of it. But if it is something that he is not able to do, then
it is not permissible for you to ask him, such as asking a man to let
you be one of the people of Paradise, because he is not able to do that
even if he is a righteous and pious man.

2-                 
The person who is asked should be capable, such as one who is
alive. It is not permissible to call upon the dead, as Allaah says (interpretation
of the meaning):

“And those, whom
you invoke or call upon instead of Him, own not even a Qitmeer (the
thin membrane over the date stone).

If
you invoke (or call upon) them, they hear not your call; and if (in
case) they were to hear, they could not grant it (your request) to you
[Faatir 35:13-14]

 

Shaykh Sa’d al-Humayd .

 

Islam Question and Answer - Priest who uses Islam this site for reference

 

 

Priest who uses Islam this site for reference

Although I am of Christianity, I am using your page as a resource in a paper
that I am doing.

May Lord Jesus forgive you in your sins.

 

Al-hamdu lillaah.

You are still in your twenties and you still have enough time to explore and think as
well as ponder. Your entering Islam is not a hopeless matter. As you may or may not
know, some of the biggest enemies of Islam, even priests, such as Uday bin Hatem and
al-Najashi as well as others were non-Muslims and rejecters of faith and then Allaah
guided them to Islam.

In any case, welcome to our page as a user. If you have any real questions, you are
welcome to ask at any time.

 

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Islam Question and Answer - Chain letter telling lies about Zaynab

 

 

Chain letter telling lies about Zaynab

There is a chain letter which reads as follows: 


“In the name of Allaah, the Most Gracious, the Most Merciful.Blessings and peace be upon the most noble of the Prophets and Messengers, our master Muhammad (peace and blessings of Allaah be upon him), and upon his family and companions. Allaah says (interpretation of the meaning): 


‘No doubt! Verily, the Awliyaa’ of Allaah, no fear shall come upon them nor shall they grieve’ [Yoonus 10:62] 


Allaah the Almighty has spoken the truth.


My dear Muslim brother/sister. A 13-year-old girl fell ill. She was very sick and the doctors were unable to cure her. One night her sickness became very bad and she cried herself to sleep. In her dream she saw that al-Sayyidah Zaynab (may Allaah be pleased with her) put drops in her mouth. When she woke up she was fully recovered from her sickness. Al-Sayyidah Zaynab (may Allaah be pleased with her) asked her to write out this story 13 times and distribute it among the Muslims, so that they might learn about the power of the Creator and how His power manifests itself in His creation, glorified be He above that which they associate with Him. So the girl did what was asked of her, and what happened was the following:  


1 – The first copy ended up in the hands of a poor man, who wrote it out and distributed it; 13 days later, Allaah willed that this poor man should become rich.


2 – The second copy ended up in the hands of a worker who ignored it; 13 days later he lost his job.


3 – The third copy ended up in the hands of one of the rich people who refused to write it out; 13 days later he lost all his wealth. 


After reading this story, my Muslim brother/sister, hasten to write it out 13 times and distribute it among the people, then you will get what you wish for from Allaah. May Allaah bless our master Muhammad and all his family and companions.” 


How correct is this chain letter, and what is the ruling on distributing it?

 

Praise
be to Allaah.

 

When I examined this fabricated chain letter I thought
that it is my duty to comment on the claims made by its author, connecting
benefits and interests to the one who writes it out and distributes
it, and harm to the one who ignores it and does not pass it on. This
is a lie which has no sound basis; rather it is the fabrication of liars
and imposters who want to divert the Muslims from putting their trust
in their Lord alone, with no partner or associate, to bring them benefits
and ward off harm, whilst also taking the means that are prescribed
in sharee’ah and are permissible, and who want to make them put their
trust in and focus on something other than Allaah in seeking to gain
benefits and to ward off harm, and seek false means that are neither
prescribed in Islam nor permissible, and to call people to depend on
and worship something other than Allaah. 

Undoubtedly this is one of the plots of the enemies of
the Muslims who want to divert them from the true religion by any means
possible. The Muslims have to beware of these plots and not be deceived
by them. They should not be deceived by this chain letter and similar
letters which surface from time to time. We have previously drawn attention
to a number of them. It is not permissible for a Muslim to write these
chain letters or to distribute them under any circumstances whatsoever.
That is an evil action and the one who does it is sinning. There is
the fear that he may be subjected to punishment in this world or in
the Hereafter, because this is a form of bid’ah (innovation); bid’ah
is a great evil and its consequences are severe. 

This kind of chain letter is a form of reprehensible
innovation, and is one of the means that lead to shirk and exaggeration
about the Ahl al-Bayt (members of the Prophet’s household) and others
among the dead, and may lead to people calling upon them besides Allaah
and seeking their help and believing that they may being benefit or
cause harm to those who call upon them and seek their help. It is also
a form of telling lies against Allaah. Allaah says (interpretation of
the meaning): 

“It is only those who believe not in the Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) of Allaah, who
fabricate falsehood, and it is they who are liars”[al-Nahl 16:105] 

And the Prophet

(peace and blessings of Allaah be upon him) said: “Whoever innovates
anything in this matter of ours (i.e., Islam) that is not part of it
will have it rejected.”  (Saheeh, agreed upon). 

All Muslims who receive this chain letter or similar
letters should tear them up and destroy them, and warn people against
them. They should not pay any attention to promises or threats mentioned
therein, because these are false letters which have no sound basis and
will not result in anything, good or bad. But those who fabricate them,
write them out, distribute them, advocate them and spread them among
the Muslims are committing sin, because all of that is a kind of co-operating
in sin and transgression, which Allaah forbade in His Book when He said
(interpretation of the meaning): 

“Help you one another in Al-Birr and At-Taqwa
(virtue, righteousness and piety); but do not help one another in sin
and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”[al-Maa’idah
5:2] 

We ask Allaah to keep us and the Muslims safe and sound
from all evil. Allaah is Sufficient for us and He is the best disposer
of affairs, the best to deal with those who fabricated this and similar
chain letters and introduced into the religion of Allaah something that
is not part of it. We ask Allaah to deal with them as they deserve,
because they have told lies against Allaah and propagated those lies,
and called the people to the means of shirk and exaggeration about the
dead, and to occupy themselves with something that will cause them harm
and bring them no benefits. These comments have been written out of
sincerity towards Allaah and His slaves. 

May Allaah send blessings and peace upon His slave and
Messenger Muhammad, and his family and companions. 

 

Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-“Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 346