Islam Question and Answer - If he divorces her before consummation then marries her again, does she have two divorces left or three?

If he divorces her before consummation then marries her again, does she have two divorces left or three?

Two years ago I did the marriage contract with a man, then we had an argument and he divorced me, and the consummation had not yet taken place but we had been alone together. Some time after that he came back and we got married with a new contract. Is this divorce regarded as one of the three talaaqs? i.e., do I have two divorces left or three?.

 

Praise be to Allaah.

If a man divorces his wife and she does not marry anyone
else, then he comes back and does the marriage contract with her again, then
she goes back to him on the basis of whatever divorces are left for her, and
there is no difference of scholarly opinion on this matter. If he divorced
her once, she has two divorces left, whether that happened before or after
consummation of the marriage, and whether he spent time alone with her or
not. 

But if he divorced her then she married someone else, then he
divorced her and she went back to her first husband with a new marriage
contract, there is some difference of scholarly opinion as to whether she
goes back to him with three divorces or two. The majority of scholars are of
the view that she goes back to him with whatever is left of the number of
divorces. 

Ibn Qudaamah (may Allaah have mercy on him) said in
al-Mughni (7/388) that if a man divorces his wife and her ‘iddah ends,
then he marries her with a new contract, one of the following three
scenarios must apply: 

1 – He divorces her three times then she marries another man,
then she leaves him and marries the first one again. In this case, she goes
back to him with three divorces and there is no difference of scholarly
opinion on this point. 

2 – He divorces her once or twice (i.e., less than three,)
then her ‘iddah ends and he marries her again with a new contract. In this
case, she goes back to him with the remaining number of divorces and there
is no difference of scholarly opinion on this point either. 

3 – He divorces her once or twice then her ‘iddah ends and
she marries someone else, then he leaves her and she marries the first
husband again. With regard to this case, the scholars differed as to whether
she goes back to him with three divorces or with whatever she had left of
divorces. A number of the Sahaabah (such as ‘Umar, ‘Ali, Ubayy, Mu’aadh, Abu
Hurayrah and ‘Imraan ibn Husayn – may Allaah be pleased with them) were of
the view that she goes back to him with whatever she had left of divorces. 

This view was followed by the majority of scholars (such as
the three imams Maalik, al-Shaafa’i and Ahmad). 

Abu Haneefah was of the view that she goes back to him with
three divorces. 

The second scenario mentioned by Ibn Qudaamah (may Allaah
have mercy on him) is that which is asked about here. Based on that, you
have only two divorces left. 

We ask Allah to bless you and reconcile between you. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - His wife became Muslim but he hurts her and mistreats her

 

His wife became Muslim but he hurts her and mistreats her

A man traveled to Europe, married a Christian woman and had a daughter from her to get residency. He lived the first years in secrecy. He used to harm his wife and daughter like if they were not his family. His wife converted to Islam after Allah guided her. But he still hasn’t changed. He is sinful and commits adultery, nor does he spend on his family. He forcibly takes his wife’s money, and she is patient despite his unfairness, as she has other children and wants to protect her family, wishing that Allah guides him one day.  


This woman’s family thinks that the reason behind all the problems she meets is Islam and foreigners. May you please advise this man so that he may return to the straight path? And what is the ruling of Islam on this?.

 

Praise be to Allaah.

We praise Allaah for having guided this sister to Islam and
we ask Him to make her steadfast in adhering to the truth, and to guide her
to the right words and deeds. 

What the sister has mentioned is an example of how Islam is
suffering at the hands of its people – if we may put it this way – people
who claim to be Muslim, then they go against the rulings and etiquette of
Islam. Moreover, if this transgression happened in a Muslim country, where
Islam is prevalent and those who are committed to the faith are known, then
no one would be blamed for someone else’s mistakes, and no one would condemn
Islam because of the bad deeds of an evildoer. In that case the matter
wouldn’t be so bad. But the problem becomes worse when one of these
evildoers lives in the west, among the kuffaar, and they regard him as a
representative of Islam and of its morals, etiquette and rulings, then he
lives his life like the Jews and Christians around him, not paying any
attention to what is halaal and haraam. 

Al-Awzaa’i (may Allaah have mercy on him) said: It was said
that there is no Muslim who is not standing guard on the borders of Islam,
so whoever can prevent Islam from being undermined or attacked, let him do
so. 

Al-Hasan ibn Hayy (may Allaah have mercy on him) said: With
regard to Islam, the Muslims are like a fortress. If a Muslim does a bad
deed, Islam is breached from his direction; if all the Muslims do bad deeds,
you should persevere in adhering to that which, if all the people were
united on it, the religion of Islam would prevail, that which Allaah wants
for all people, and do not let Islam be breached from your direction. 

Al-Sunnah by Muhammad ibn Nasr
al-Marwazi (no. 29, 30). 

It hurts every Muslim to hear that Muslim sisters who have
entered Islam recently are exposed to verbal and physical harm by those who
are supposed to be a good example of Islam and of the Muslim family which
should be distinguished by stability, love and compassion among its members.
It is regrettable that among those who claim to belong to Islam there should
be someone like this husband who sets a bad example and puts people off
Islam, and who causes the image of Islam to be distorted, which leads people
to criticize it. 

If one of the things that this husband does is to neglect the
prayer, then the sister should realize that it is not permissible for her to
stay with him, because not praying is regarded in sharee’ah as kufr which
puts one beyond the pale of Islam, hence the marriage contract is rendered
invalid. A person like this husband is not fit to be the head of a family in
which he is entrusted with his wife and children, rather there is the fear
that he may harm them by his bad actions. If he does not spend on them as
enjoined by Allaah, then he has combined all kinds of evil in his actions
and attitude, and staying with him is a heavy burden that the wife is
shouldering for no reason; if she rids herself of him by means of divorce or
separation, that will be better for her and perhaps her life will change for
the better, either on her own with her children or with another husband who
understands the value of family and fulfils the duty that Allaah has
enjoined upon him. 

If this sister hopes that her husband will be guided and set
straight, then she should strive to achieve that through his friends or
relatives who may be able to have some effect on him and guide him. She can
also make use of audio and video tapes which contain exhortations and
warnings against committing sin, and remind one of death, the grave and the
reckoning. Perhaps that will influence him and bring him back to his Lord,
may He be glorified and exalted. 

If that does not do any good, then she should not hesitate to
refer her case to a Muslim judge or mufti, or the imam of a mosque whose
knowledge and religion commitment she trusts, to help her to get rid of him.
If she cannot do that, then she should refer the matter to judicial or state
institutions that take care of family matters. If he does not pray, then her
marriage is null and void, and if he commits those sins although he also
prays, then she should pursue shar’i means of freeing herself from him
through a scholar or seeker of knowledge or an Islamic centre, to oblige him
to spend on his family and give up sins and evil actions. If he refuses then
they should divorce her from him in accordance with sharee’ah, and after
that she should divorce him officially so that he will no longer be regarded
as her husband. 

This sister should strive to move to a  Muslim country
because that – even though there may be things there that go against
sharee’ah – is better than the land of kufr and permissiveness, where the
Muslim cannot find safety for himself and his children.

We ask Allaah to increase her reward and to guide her and her
children, and help them to do that which pleases Him. 

And Allaah knows best.

Islam Q&A

Islam Question and Answer - He did a marriage contract with her and she changed – should he divorce her?

He did a marriage contract with her and she changed – should he divorce her?

I married a relative of mine six months ago. I work in another country; thus we had our engagement and even marriage contract done while I am abroad. Since we married my wife became very different. She keeps saying that she is not happy with me, and that she does not expect any happiness with me in the future. That is why she is asking for divorce. Shall I divorce her? She became very stubborn with me in essential matters such as the full shar’ee Hejab, and working in mixed places, while I do love to adhere to my religion.

 

Praise be to Allaah.

The basic principle concerning divorce is that it is makrooh,
because it results in severing of in-law ties and the breaking up of the
family, and hardship for the children. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: 

The basic principle concerning divorce is that it is not
allowed, rather it is only permitted as much as is necessary. 

Majmoo’ al-Fataawa (33/81). 

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

The basic principle concerning divorce is that it is makrooh,
and the evidence for that is the verse about those who “take an oath
(eela’) not to have sexual relation with their wives” [al-Baqarah
2:226], i.e., they swear not to have intercourse with them for four months.
“then if they return (change their idea in this period), verily, Allaah
is Oft-Forgiving, Most Merciful. And if they decide upon divorce, then
Allaah is All-Hearer, All-Knower”. This implies a kind of threat, but if
they return, i.e., go back to their wives, He says: “verily, Allaah is
Oft-Forgiving, Most Merciful.” This indicates that divorce is not liked
by Allaah, and that the basic principle concerning it is that it is makrooh,
and that is indeed the case. 

Al-Sharh al-Mumti’ (10/428) 

But because people’s nature, character and religious
commitment vary from one person to another, it is essential that divorce be
included in the laws prescribed by Allaah. A woman may be harmed by staying
with her husband if he is lacking in religious commitment or he has a bad
attitude or harsh nature, and a man may be harmed by staying with his wife
if she is not fit to raise his children or she does not give him his rights
on a reasonable basis. Hence prescribing divorce is wise and is suited to
human nature. 

Both spouses may be better off after divorce, as Allaah says
(interpretation of the meaning): “But
if they separate (by divorce), Allaah will provide abundance for everyone of
them from His Bounty. And Allaah is Ever All‑Sufficient for His creatures’
needs, All‑Wise” al-Nisa’ 4:130]. Hence divorce is not the end of
the world, and divorce may be the best way for a couple who are incompatible
in their natures, behaviours, attitude and actions.  

Based on this, what we advise you to do is to bring in wise
people from your family and hers to intervene and convince her of the
necessity of mending her ways and changing the way she deals with you, and
to promise to follow the straight path in your married life without any
deviation, and tell her that this is the only way you can continue the
marriage with her. If she responds and accepts this, then praise be to
Allaah, and perhaps Allaah will bring you together.  

We advise you to wait for a while before completing the
marriage, so that you can see how keen she is to settle down to living with
you, and how able she in fact is to do that, because what you have told us
about her makes us doubt strongly that she is keen to agree to that or is
able to do it. 

If she does not agree, then what we think is that you should
divorce her; divorcing her now is better for you and for her than divorcing
her after consummating the marriage or having children. 

If you do that and divorce takes place, there is no sin on
you, because divorce in this case is obligatory or mustahabb, especially if
she insists on working in a mixed environment, which is something that is
haraam and you should not compromise about it, rather you should make her
give it up. If she insists, then this is sufficient reason to divorce her,
so how about if the other things about her are added to that?! 

And Allaah knows
best.

Islam Q&A

 

 

Islam Question and Answer - Her husband cannot produce children and he is addicted to haraam things

Her husband cannot produce children and he is addicted to haraam things

I have been married for 8 months and after getting married I found out that my husband cannot have children and he is often sick due to varicose veins in the calves. Of course this affects him with regard to intimacy with me, but he tries to put the blame on me all the time. He rebukes me and blames me for his shortcoming, although I am not like that, praise be to Allaah the Lord of the Worlds. 


The point is that my problem is great indeed. About a month ago I found out that he commits sin (zina) in the chat rooms, and it is even worse than that, since I found out that he is like the people of Loot (i.e., homosexual). What should I do? Please note that whenever I speak about any subjects he says that I am wrong, he is the only one who is right, and my words and thinking are wrong. I hope that you will answer me. What should I do?.

 

Praise be to Allaah.

Firstly: 

If the husband is sterile
and cannot have children then it is the woman’s right to demand an annulment
of the marriage, because of this defect in the husband, as she has the right
to have a child, and in fact that is one of the greatest aims of marriage.
If it is not possible to have the marriage annulled then she may ask for a
divorce and in that case he has to divorce her and give her her rights in
full, like the delayed portion of the dowry, etc. 

Secondly: 

This husband’s rights over
you are that you should advise him sincerely first of all. In the answer to
question no. 7669 you will find
information on how to advise him. 

Thirdly: 

If he does not respond to
the advice, and he persists in the haraam things that he is doing, then
there is nothing good for you in remaining with this husband, because he is
not giving you your rights, and because he does this evil deed. 

Now you are at the
beginning of your marriage, and it is fortunate that you do not have a child
from him. So hasten to seek a divorce, and if he refuses, then separate from
him by means of khula’. May Allaah compensate you with someone better than
him, and bless you with a righteous husband and righteous offspring who will
bring you joy. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He said to his wife during an argument: This is a separation between me and you

He said to his wife during an argument: This is a separation between me and you

If my husband said to me during an argument, “This is a separation between you and me,” but he says that he did not intend to divorce me, has divorce taken place?.

 

Praise be to Allaah.

Firstly: 

Phrases
implying divorce may be explicit, which are usually used only in the case of
divorce, or implicit, which are used in the case of divorce and other
cases. 

In the first
case – explicit – divorce takes place even if it was not intended. 

In the
second case – implicit – according to the majority of Hanafis, Shaafa’is and
Hanbalis, divorce does not take place unless there is the intention of
divorce, or there is further evidence that what is intended is divorce, such
as when it is done in the case of anger or there being an argument, or if
the wife asks for a divorce. In that case divorce takes place even if he did
not intend it. Basing the ruling on further evidence to suggest that which
is intended is divorce is the view of the Hanafis and Hanbalis. See
al-Mawsoo’ah al-Fiqhiyyah (29/26).  

Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) favoured the view that implicit
phrases did not count as divorce unless that was the intention, even if that
was in the case of anger, argument or the wife asking for a divorce. 

See:
al-Sharh al-Mumti’ (5/472-473). 

Explicit
phrases means using the word of talaaq (divorce) or phrases derived from
this word.  

Implicit
phrases include such things as saying: Go and stay with your family, or I do
not want you, or I have no need of you, or Allaah is giving you a break from
me. 

And there
are phrases concerning which there is a difference of opinion as to whether
they are explicit or implicit. This includes the word firaaq (separation).
The view of the majority is that this is an implicit phrase. The view of the
Shaafa’is and some of the Hanbalis is that it is an explicit phrase. The
more correct view is that of the majority, and this is the view favoured by
Ibn Qudaamah (may Allaah have mercy on him) among the Hanbalis, because: 

although the
word firaaq (separation) is mentioned in the Qur’aan in the sense of
separation between spouses, it is also mentioned as meaning other things.
Allaah says:  

“And hold
fast, all of you together, to the Rope of Allaah (i.e. this Qur’aan), and be
not divided among yourselves [wa la tafarraqu]”

[Aal
‘Imraan 3:103] 

“And the
people of the Scripture (Jews and Christians) differed not [wa ma
tafarraqa]…”

[al-Bayyinah 98:4] 

People also
use the word frequently in senses other than divorce. End quote from
al-Mughni (7/294). 

To sum up:
Implicit phrases do not mean that divorce has taken place unless that was
the intention of the husband. 

Your
husband’s saying “This is a separation between me and you” is an implicit
phrase. Based on that, if your husband did not intend divorce thereby, then
divorce has not taken place. 

And Allaah
knows best.

Islam Q&A

 

Islam Question and Answer - He divorced her in front of her family then in the presence of the notary public. Does that count as two divorces (talaaq)?

He divorced her in front of her family then in the presence of the notary public. Does that count as two divorces (talaaq)?

There was a disagreement between me and my husband, and he issued a divorce, and there was no one present but me and him; he was angry but he was aware of what he was saying. Then we reconciled. Then there was a bigger disagreement and we decided to separate. He said it once in front of my family and a second time in front of the notary public. Am I thrice divorced? Can I go back to him or not? If I can go back to him, do we need a muhallil (another man to whom she can do a marriage contract, then he divorces her immediately so that she can go back to her first husband)?.

 

Praise be to Allaah.

Firstly: 

Divorce at
the time of anger may or may not count as such, depending on the type and
intensity of the anger. For a detailed discussion of that, please see the
answer to question no. 22034. 

With regard
to the divorce that happened before the notary public, if the husband
intended thereby to confirm the divorce that happened in front of your
family, or he wanted to give notice of that divorce, then it is not counted
as a second divorce. 

But if he
wanted to issue a second divorce that was different than the first, then it
is as he intended. What counts in this case is the intention and aim of the
husband. 

The divorce
that happened in front of the notary public – if the husband intended it as
a new divorce – is regarded as a divorce if it happened within the ‘iddah.
The majority of scholars are of the view that it counts as such, because the
woman who is observing ‘iddah of a revocable divorce comes under the same
ruling as other wives so divorce is counted in her case. 

It says in
al-Mawsoo’ah al-Fiqhiyyah (29/12): The majority of fuqaha’ – Hanafis,
Maalikis and Shaafa’is, and it is the view of the Hanbalis – are of the view
that divorce is counted as such with regard to a woman who is observing
‘iddah of a revocable divorce. If a man says to his wife with whom he has
consummated the marriage, “You are divorced,” then he said during her
‘iddah, “You are divorced,” a second time, then that is two divorces
(talaaq), so long as he did not intend to confirm the first divorce. But if
he intended to confirm the first divorce, it does not count as a second
divorce. End quote. 

Thirdly: 

If the
divorce mentioned happened when the woman was menstruating or during a
period of purity when her husband had had intercourse with her, then there
are some scholars who stated that this does not count as a divorce. See
question no. 72417. 

Fourthly: 

If three
divorces have taken place, and the woman has become irrevocably divorced
from her husband, then she is not permissible for him unless she marries
another a husband in a real marriage, not a marriage aimed at circumventing
this ruling, and he has intercourse with her, then dies or divorces her. In
that case the first husband can marry her in a new marriage contract and
with a new mahr. 

But a
marriage aimed at circumventing this ruling (known as nikaah al-tahleel) is
invalid and is haraam, because the man is not marrying her because he wants
to marry her, rather it is in order to make her permissible for the first
husband. The Prophet (peace and blessings of Allaah be upon him) cursed
the one who does that, or for whom it is done. 

A tahleel
marriage does not make the woman permissible for her first husband. 

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (7/137): A marriage
aimed at making a woman permissible for her first husband is haraam and
invalid, according to the majority of scholars, including al-Hasan,
al-Nakha’i, Qataadah, Maalik, al-Layth, al-Thawri, Ibn al-Mubaarak and
al-Shaafa’i. 

He also
said: A marriage aimed at making a woman permissible for her first husband
is invalid and it does not make her permissible for the first husband. End
quote from al-Mughni (7/140). 

And Allaah
knows best.

Islam Q&A

Islam Question and Answer - He said to his wife: You will be haraam for me if you do such and such

He said to his wife: You will be haraam for me if you do such and such

I had an argument with my wife about the receiver (satellite dish) and I said some words that I did not mean, and I did not know the ruling, and I was extremely angry. What I said was: “You will be haraam for me if you use it again.” I was in a state of anger and I broke the receiver, and until now I have not repaired it. What is the ruling? Can I set up the equipment again?.

 

Praise be to Allaah.

Firstly: 

In the answer to question no.
81984 we have explained the ruling
on one who declares his wife to be haraam for him and that if he intended
thereby divorce, zihaar or an oath, then the matter is as he intended, but
if he did not intend anything then he must offer the expiation for breaking
a vow (kafaarat yameen). 

Since you say that you did not intend anything and you did
not know the ruling, then you have to offer the expiation for breaking a
vow, if your wife used the receiver, but if she did not use it, then you do
not have to do anything.   

Secondly: 

With regard to your question: Can I set up the equipment
again? 

If you are going to set it up to use it for beneficial
purposes such as watching Islamic programs and lectures, etc., there is
nothing wrong with you setting it up, but you have to offer the expiation
for breaking a vow, as stated above. 

But if you are going to set it up to use it for watching
movies and immoral programs etc., this is undoubtedly haraam, and it poses a
danger to you and your wife and children. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - He said to his wife: It is haraam for us to speak to one another if you go to such and such a place

He said to his wife: It is haraam for us to speak to one another if you go to such and such a place

Everything I do, I do it at least twice to make sure that I have done it.


There was an argument between me and my wife because she wanted to work in a bank, and I wanted to tell her “you are like my mother if you do that” but I did not say it for fear of speaking too harshly, but I told her “It is haraam for us to speak to one another if you go there.”


I hope that you can answer the following questions, may Allaah reward you.


1- Sometimes I think that I did not say the words “if you go there.” What is the Islamic ruling on either case, knowing that my intention was that if she went I would be upset with her, i.e., I was threatening her?


2- If I repeat my question or repeat what I said or what I am uncertain about, will I be held accountable for it?


3- What is the ruling on my wife’s pregnancy if there is anything haraam in what I said to her?.

 

Praise be to Allaah.

Firstly: 

From your
question it seems that you are suffering from waswaas, as you need to do
things twice and you think that you said such and such or that you did not
say it. 

The best
ways to treat waswaas are two: 

1 – Do many
acts of worship and remember Allaah a great deal (dhikr). 

2 – Do not
pay any attention to the waswasah and do not respond to it. See question no.
62839 and
25778. 

Hence we say
that basically what you said to your wife is, “It is haraam for us to speak
to one another if you go there”. So you should not pay any attention to any
doubts that arise because of waswasah. 

Secondly: 

If a man
says to his wife: “It is haraam for us to speak to one another if you go to
such and such a place,” if she does not go there, then he does not have to
do anything. 

But if she
does go there, the matter should be examined further. If he intended to
divorce her, then a divorce has taken place, because these words of his come
under the heading of implicit divorce. 

If he did
not intend to divorce her – as you say in your question – then he has to
offer expiation for breaking an oath (kafaarat yameen), which is freeing a
slave, or feeding or clothing ten poor persons. If that is not possible then
he must fast for three days. 

The basic
principle concerning that is that declaring something permissible to be
haraam is a kind of oath, because Allaah says (interpretation of the
meaning): 

“O
Prophet! Why do you forbid (for yourself) that which Allaah has allowed to
you, seeking to please your wives? And Allaah is Oft‑Forgiving, Most
Merciful.

2. Allaah
has already ordained for you (O men) the absolution from your oaths. And
Allaah is your Mawlaa (Lord, or Master, or Protector) and He is the
All‑Knower, the All‑Wise”

[al-Tahreem 66:1-2] 

So Allaah
describes declaring something permissible to be haraam as an oath. 

In
al-Bahr al-Raa’iq (4/317) it says: It is known that declaring something
permissible to be haraam is an oath for which expiation must be offered…
This includes saying “It is haraam for you to talk to me” or “talking to you
is haraam”. End quote. 

Thirdly: 

If a man
says to his wife: “It is haraam for us to speak to one another”, and he does
not say, “if you go to such and such a place,” if he intended to divorce her
then divorce has taken place in this case, whether she goes there or not.
But if he did not intend divorce, then he must offer expiation for breaking
an oath. 

Fourthly: 

If you say
something or ask a question, and repeat it, you do not have to do anything,
but it is important that the speech be permissible. 

Fifthly: 

If your wife
was pregnant when you said the words mentioned above, then the pregnancy
does not affect that. What Islam forbids is divorcing a woman when she is
menstruating, but if she is pregnant that does not affect the divorce,
although you did not actually divorce her. 

Sixthly: 

It is not
permissible to work in a riba-based bank because that is cooperating in sin
and transgression, and the Prophet (peace and blessings of Allaah be
upon him) cursed the one who consumes riba, the one who pays it, the one who
writes it down and the two who witness it, and he said: they are all the
same. Narrated by Muslim (1598). 

And Allaah
knows best.

Islam Q&A

 

Islam Question and Answer - He said to his wife: It is haraam for us to speak to one another if you go to such and such a place

He said to his wife: It is haraam for us to speak to one another if you go to such and such a place

Everything I do, I do it at least twice to make sure that I have done it.


There was an argument between me and my wife because she wanted to work in a bank, and I wanted to tell her “you are like my mother if you do that” but I did not say it for fear of speaking too harshly, but I told her “It is haraam for us to speak to one another if you go there.”


I hope that you can answer the following questions, may Allaah reward you.


1- Sometimes I think that I did not say the words “if you go there.” What is the Islamic ruling on either case, knowing that my intention was that if she went I would be upset with her, i.e., I was threatening her?


2- If I repeat my question or repeat what I said or what I am uncertain about, will I be held accountable for it?


3- What is the ruling on my wife’s pregnancy if there is anything haraam in what I said to her?.

 

Praise be to Allaah.

Firstly: 

From your
question it seems that you are suffering from waswaas, as you need to do
things twice and you think that you said such and such or that you did not
say it. 

The best
ways to treat waswaas are two: 

1 – Do many
acts of worship and remember Allaah a great deal (dhikr). 

2 – Do not
pay any attention to the waswasah and do not respond to it. See question no.
62839 and
25778. 

Hence we say
that basically what you said to your wife is, “It is haraam for us to speak
to one another if you go there”. So you should not pay any attention to any
doubts that arise because of waswasah. 

Secondly: 

If a man
says to his wife: “It is haraam for us to speak to one another if you go to
such and such a place,” if she does not go there, then he does not have to
do anything. 

But if she
does go there, the matter should be examined further. If he intended to
divorce her, then a divorce has taken place, because these words of his come
under the heading of implicit divorce. 

If he did
not intend to divorce her – as you say in your question – then he has to
offer expiation for breaking an oath (kafaarat yameen), which is freeing a
slave, or feeding or clothing ten poor persons. If that is not possible then
he must fast for three days. 

The basic
principle concerning that is that declaring something permissible to be
haraam is a kind of oath, because Allaah says (interpretation of the
meaning): 

“O
Prophet! Why do you forbid (for yourself) that which Allaah has allowed to
you, seeking to please your wives? And Allaah is Oft‑Forgiving, Most
Merciful.

2. Allaah
has already ordained for you (O men) the absolution from your oaths. And
Allaah is your Mawlaa (Lord, or Master, or Protector) and He is the
All‑Knower, the All‑Wise”

[al-Tahreem 66:1-2] 

So Allaah
describes declaring something permissible to be haraam as an oath. 

In
al-Bahr al-Raa’iq (4/317) it says: It is known that declaring something
permissible to be haraam is an oath for which expiation must be offered…
This includes saying “It is haraam for you to talk to me” or “talking to you
is haraam”. End quote. 

Thirdly: 

If a man
says to his wife: “It is haraam for us to speak to one another”, and he does
not say, “if you go to such and such a place,” if he intended to divorce her
then divorce has taken place in this case, whether she goes there or not.
But if he did not intend divorce, then he must offer expiation for breaking
an oath. 

Fourthly: 

If you say
something or ask a question, and repeat it, you do not have to do anything,
but it is important that the speech be permissible. 

Fifthly: 

If your wife
was pregnant when you said the words mentioned above, then the pregnancy
does not affect that. What Islam forbids is divorcing a woman when she is
menstruating, but if she is pregnant that does not affect the divorce,
although you did not actually divorce her. 

Sixthly: 

It is not
permissible to work in a riba-based bank because that is cooperating in sin
and transgression, and the Prophet (peace and blessings of Allaah be
upon him) cursed the one who consumes riba, the one who pays it, the one who
writes it down and the two who witness it, and he said: they are all the
same. Narrated by Muslim (1598). 

And Allaah
knows best.

Islam Q&A

 

Islam Question and Answer - Is it permissible for him to stay in the same house with his divorced wife?

Is it permissible for him to stay in the same house with his divorced wife?

Can a man live with his divorced wife in one house in order to look after the children?.

 

Praise be to Allaah.

If a man has
given his wife the last of three divorces (talaaq), or he has divorced her
once or twice and her ‘iddah has ended, then she becomes a “stranger” to him
(non-mahram) and it is not permissible for him to be alone with her or to
touch her or look at her. 

Undoubtedly
if they stay in the same house, it will be difficult for him to adhere to
these shar’i guidelines such as not being alone with her and her having to
observe hijab before him as with all other non-mahram men, unless the house
is large and it is possible to section off a part of it for him, with
separate facilities and a separate entrance for him. But if they are both in
one house, with the same entrance and the same facilities, then it will be
very difficult to avoid the haraam things mentioned above. 

Shaykh
al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The woman who has
been thrice divorced is a stranger to the man like all other non-mahram
women, so the man cannot be alone with her, just as he cannot be alone with
any other non-mahram woman, and he cannot look at her, just as he cannot
look at any other non-mahram woman. End quote from al-Fataawa al-Kubra
(3/349) 

The Standing
Committee for Issuing Fatwas was asked: My father got sick and went into
hospital. After he came out, he got sick again and had his lower leg
amputated. Praise be to Allaah for the decree of Allaah. Then he became
paralyzed and cannot sit up. He is with me in my house … he asked my mother
who is married to him, he said: You are divorced. Then he said: Forgive me
and I will forgive you. My mother is still in the house and she cleans him
because he is unable to go to the toilet, and she feeds him, because we are
all at school and at work. 

They
replied: 

If this
divorce was a third divorce, then it is not permissible for your mother to
stay with him and uncover him and touch him, because she is a stranger
(non-mahram) to him. But if the divorce mentioned was a first or second
divorce, then your mother is regarded as recovably divorced, and he may take
her back so long as her ‘iddah has not ended, and she has the same rights as
any other wife. She may serve your father and touch him. But if her ‘iddah
has ended and he did not take her back by saying words to that effect or
having intercourse with her during the ‘iddah period, then she is a stranger
to him, and it is not permissible for her to stay with him and for him to be
alone with her, unless a new marriage contract is done. End quote. 

Fataawa
al-Lajnah al-Daa’imah (20/226) 

And Allaah
knows best.

Islam Q&A

 

 

Islam Question and Answer - He made divorce conditional upon something, and he made an exception in his intention

He made divorce conditional upon something, and he made an exception in his intention

I am living in an Arab country for work whilst my wife and two daughters are living with my family in my country, and my father is taking care of them. I said to my father on the phone when I was angry: “Tell my wife that if she does not do such and such by such and such a day, she will be divorced.” And I meant a divorce, not a threat. After a while, I got in touch with him and asked him whether she had done it, and he said, “No, because I told her not to do it, because it would affect the girls and my mother.” I told him: “You have my broken my oath, O my father.” But in fact what I said which could mean divorce, usually there is excluded from it in the intention “whatever incurs the wrath of Allaah and His Messenger or is against the law or my parents object to.” But I did not say that. 


The one who is asking the question was asked: Did he intend to exclude that to which his parents might object? He answered by saying that he is honours his father and is obedient to him, and if his father objected to this he would give in to his father’s wishes. But his father agreed with what he said, then he changed his mind after that.

 

Praise be to Allaah.

Firstly: 

Your saying
about your wife: “If she does not do such and such then she is divorced” is
a kind of conditional divorce which takes place if the condition is
fulfilled, according to the majority of fuqaha’. Some scholars are of the
view that if he intended divorce thereby then it counts as a divorce, and if
he intended to warn her, force her or prevent her from doing something, then
it is a yameen (oath) for which expiation for breaking an oath must be
offered. As you intended a divorce, not a warning, then it counts as a
divorce according to all scholars. 

Secondly: 

Intention is
important in this case, as it renders general words specific, so long as it
accompanies the words. If you said, “My wife is divorced if she does not do
such and such,” but you only intended thereby for your father to prevent her
from doing it, and he did prevent her, and so she did not do it, then she is
not divorced. This is something that is between a person and his Lord. As
for whether this would be accepted in a court or not, there is a difference
of opinion among the fuqaha’. 

Ibn Qudaamah
(may Allaah have mercy on him) said that it is permissible and acceptable to
render general wordings specific by means of the intentions, such as if he
said “My wives will be divorced” meaning some of them, then this is valid,
and the wording is understood by what he intended, not what he did not
intend.  

One of the
conditions of this is that the intention should be accompanied by the words.
If the intention was formed after the words were spoken, and he said, “My
wives will be divorced,” then after that he intended in his heart that it
refer to some of them, then the intention is of no benefit, and they are all
divorced. Another example is if he intended to specify a particular time or
situation, such as if he said, “You are divorced” but he meant “if you enter
the house” or “after one month”. His word may also be accepted with regard
to that, and the general meaning may be rendered specific by the intention. 

See:
al-Mughni (7/319). 

It seems to
us from your question and your response when you were asked for
clarification, that you did not intend to exclude that which would make your
parents angry, rather you say: “If my parents object I will agree.” This is
not an exception. From the words of Ibn Qudaamah (may Allaah have mercy on
him) quoted above it is clear that exceptions are not valid if they come
after the words were spoken. 

Based on
this, this divorce counts as such. If this is a first or second divorce,
then you must hasten to take your wife back before the end of her ‘iddah. 

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

And Allaah
knows best.

Islam Q&A

Islam Question and Answer - He issued a conditional divorce and based it on his wife’s intention

He issued a conditional divorce and based it on his wife’s intention

One of my friends accused me and my wife of wanting to cause separation between him and his wife, and said that my wife said something to his wife seeking to cause separation between them. Because I was so angry, I said: My wife will be thrice divorced if she said that to your wife. My intention was that if she had said it with the intention of causing separation between him and his wife. After that we found out that the whole thing was the result of rumours and troublemakers. 


Is my wife divorced as a result of that?.

 

Praise be to Allaah.

Firstly: 

Undoubtedly
you made a mistake by uttering a threefold divorce. You should be cautious
and not hasty, and you should avoid mentioning divorce in what you say,
whether at times of anger or otherwise. 

Secondly: 

If the
matter is as you described, and you said, “My wife will be thrice divorced
if she said that to your wife,” meaning thereby that if your wife said it
with the intention of causing separation between your friend and his wife,
but your wife had no such intention, then divorce has not taken place,
because the Prophet (peace and blessings of Allaah be upon him) said:
“Each person will have but that which he intended.” Narrated by al-Bukhaari
(1) and Muslim (1907). 

Whoever
speaks the words of divorce in general terms but bases it on his intention,
that will be accepted from him, so long as his wife does not refer it to the
qaadi (judge). As to whether it should be accepted by the judge, there is a
difference of opinion among the scholars. 

Whoever
swears that he will divorce his wife if she does not enter the house, then
claims that he meant it to be for a month, his statement that it was limited
to a month should be accepted.  

Ibn Qudaamah
(may Allaah have mercy on him) said: Imam Ahmad said concerning one who
swears that she should not enter the house and says, I meant for a month, it
should be accepted from him. End quote from al-Mughni (7/320). 

The
intention in this case has put a limit to the general wording, and each
person knows best what his intention is, and Allaah is watching all of that
and nothing is hidden from Him. 

And Allaah
knows best.

Islam Q&A

 

Islam Question and Answer - He said to his wife: If you committed zina, you are divorced

He said to his wife: If you committed zina, you are divorced

I said to my wife after a doubt occurred to me: If you committed zina then you are divorced, and I repeated these words several times on different occasions.

 

Praise be to Allaah.

Firstly: 

Making divorce conditional upon some unknown matter which
cannot be known whether it is true or false is a serious mistake, because it
means that the husband is staying with his wife without knowing whether she
is permissible for him or not. Hence some of the fuqaha’ said that he should
be told to divorce her properly.  

But as far as the ruling is concerned, that may be based on
what appears to be the case: so long as she denies that she fell into zina,
then divorce does not take place. 

It says in Sharh al-Kharshi ‘ala Khaleel (4/64): If he
makes divorce conditional upon some matter that is unknown, then he should
be told to separate from her. It was said that it is mustahabb and it was
said that it is obligatory but not to be forced by law, such as if he says:
You are divorced if you hate me, or if you enter the house, and she says, I
will not hate you and I will not enter it, and he does not know if she is
telling the truth or lying. End quote. 

This issue on which divorce has been made dependent – if
there are no witnesses – cannot be known except from her, so she is
responsible for that that, and if she is as her husband says she is, then
the divorce takes place, and it is not permissible for her to stay with her
husband. 

Secondly: 

What the husband did by making divorce conditional upon that
is an obvious mistake. He should have made sure about the matter in some
other way. Allaah has prescribed in such cases the procedure of li’aan, if
he has strong proof for what he is saying. If he does not want to engage in
li’aan there is nothing wrong with him divorcing her (talaaq) instead of
living with her when he is in doubt about her chastity. 

But making divorce conditional upon this as he has done will
cause her great embarrassment. If she has done what he says she had and
admits it, she will be exposing herself, and if she keep quiet, she will be
keeping quiet about a serious matter and her living with him will be
haraam. 

And Allaah knows best. 

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

Islam Q&A

 

Islam Question and Answer - She is using man-made laws to prevent her husband from marrying again

She is using man-made laws to prevent her husband from marrying again

A Muslim woman who wears hejab was divorced by her husband in Switzerland. Right after this she asked a Swiss court for separation. She takes more than half of the husband’s monthly salary. This woman does not work and she has the custody of her 4 years old daughter. According to Swiss law, this is not considered divorce. As for them divorce does not take place unless both husband and wife agree to it, or after two years of separation. More than one year passed and this woman takes more than her right, and does not agree to divorce in order to prevent her husband (who divorced her) from marrying another.


1- Is it correct to turn to the law of Switzerland instead of the Islamic law, and justify this by saying that we should abide by the law of where we live?


2- The father spends on his daughter, has he to spend on his ex-wife, knowing that she finished her ‘iddah more than one year ago? When should he stop spending on her?


3- What is the ruling on this woman who used the law of Switzerland to stop her husband from marrying another, although he divorced her more than one year ago?.

 

Praise be to Allaah.

It is not permissible to refer for judgment to anything but
the sharee’ah of Allaah, because Allaah says (interpretation of the
meaning): 

“But no, by your Lord,
they can have no Faith, until they
make you (O Muhammad صلى الله عليه وسلم)
judge in all disputes between them,
and find in themselves no resistance against your decisions, and accept
(them) with full submission”

[al-Nisa’ 4:65]. 

Ibn Katheer (may Allaah have mercy on him) said: Allaah
swears by His Divine Self that no one truly believes unless he makes the
Messenger (peace and blessings of Allaah be upon him) judge in all his
affairs. What he rules is the truth which must be followed both inwardly and
outwardly. Hence He says “and find in
themselves no resistance against your decisions, and accept (them) with full
submission” i.e., if they refer to you for judgement and obey you
inwardly so that they find in themselves no resistance against your ruling,
and they follow it outwardly and inwardly, then submit to that fully with no
objection, resistance or argument, as it says in the hadeeth: “By the One in
Whose hand is my soul, none of you (truly) believes until his desire is in
accordance with what I have brought.” End quote.

Tafseer Ibn Katheer (1/532). 

Ibn ‘Uthaymeen (may Allaah have mercy on him) said: This oath
begins with the words Fa laa (But no) which is used for emphasis, then
Allaah swears by the most specific type of Lordship – which is the Lordship
of Allaah to His Messenger – that the one who does not do the following
things has no faith: 

1 – Referring for judgement to the Messenger (peace and
blessings of Allaah be upon him), because He says “until
they make you (O Muhammad صلى الله عليه وسلم)
judge”. The one who seeks judgement from anyone other than Allaah
and His Messenger is not a believer, and is either a kaafir who is beyond
the pale of Islam or a kaafir in the sense of lesser kufr. 

2 – Contentment with and acceptance of his ruling, so that
they do not find in themselves any resistance against what he has decreed,
rather they accept it and are content with what the Prophet (peace and
blessings of Allaah be upon him) has decreed. 

3 – That they accept with full submission, i.e., submit
totally. 

Beware, O Muslim, of cancelling out your faith. End quote. 

See: Sharh al-Waasitiyyah by Ibn ‘Uthaymeen, p.
181/182. 

What this sister – in whom it seems that there is a great
deal of good, based on what it says about her in the question, such as that
she wears hijab – should do is refer for judgement to someone who can judge
between her and her ex-husband on the basis of the laws of Allaah. We have
described how that may be done in the country in which they live in the
answer to question no. 4044; there is sufficient information there, in sha
Allaah. 

We advise her to try again to set things straight and try to
re-marry her husband, as that is in the interests of their daughter. 

As for the answer to the questions that are mentioned: 

1.

Divorce occurs when the husband utters the word of divorce
and it does not need a ruling from a shar’i judge let alone a ruling from
one who does not rule in accordance with that which Allaah has revealed. 

2.

It is not permissible to turn to man-made laws in order to
prevent a man from doing that which Allaah has permitted; that is a
transgression against him and is wronging him. This sister should fear
Allaah and remember that wrongdoing will be darkness on the Day of
Resurrection. 

3.

After the end of the ‘iddah, the divorced woman is not
entitled to any maintenance or accommodation. Ibn Qudaamah said in
al-Mughni (7/145): Accommodation and maintenance are only due to a woman
from her husband in the case of a revocable divorce. End quote. 

4.

If it is known that she is not entitled to any maintenance or
accommodation, then what she is taking from the man on the orders of the
court, which is not given by him willingly, is haraam, because Allaah says
(interpretation of the meaning): 

“O you who believe! Eat not up your property among
yourselves unjustly except it be a trade amongst you, by mutual consent”

[al-Nisa’ 4:29]. 

And because the Prophet (peace and blessings of Allaah
be upon him) said: “Every Muslim is sacred to his fellow-Muslim, his blood,
his wealth and his honour.” Narrated by Muslim. 

Based on that, she should return it to him or ask him to let
her off. 

5.

Custody of the daughter before she reaches the age of seven
years is her mother’s right, so long as she is Muslim and trustworthy, and
has not remarried. Imam Ibn Qudaamah (may Allaah have mercy on him) said in
al-Mughni (8/190): If the couple separate, and they have a child who
is still a minor or disabled, his mother has the most right to custody of
him if she fulfils all the conditions, whether the child is male or female.
This is the view of Yahya al-Ansaari, al-Zuhri, al-Thawri, Maalik,
al-Shaafa’i, Abu Thawr, Ishaaq and ashaab al-ra’y, and we do not know of
anyone who disagreed with them. End quote. 

6.

Maintenance of the daughter is a shar’i obligation on her
father, even if she is in her mother’s custody, because of the report
narrated by al-Bukhaari and Muslim from ‘Aa’ishah, that Hind bint ‘Utbah
said: O Messenger of Allaah, Abu Sufyaan is a miserly man who does not give
me enough for myself and my child, except for that which I take without his
knowledge. He said: “Take that which will suffice for you and your child, on
a reasonable basis.” This indicates that the maintenance of the children is
their father’s duty, and that the maintenance should be based on what is
sufficient, and she has no right to take more than what is sufficient. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - Her husband promised that he would divorce her after her period ended

 

Her husband promised that he would divorce her after her period ended

A problem happened between my husband and I. He beats me for every small and big matter. So I went to my neighbour and refused returning to him. He said to me: “return to your home for one month, until you get purified of your menstruation period then I will divorce you”. 


I returned for this reason, but later he said that he does not intend to divorce me and that he said what he said only to let me know the Islamic ruling on divorce; that it should be after one menstruation period if he does not have an intercourse with me. I refuse what he says because he promised me and gave me a word when I was at the neighbour’s house, that he will divorce me after the period. Is this considered divorce or not?.

 

Praise be to Allaah.

If a man says to his wife: “Go back to your house and
children for a month, until your period comes then after it ends I will
divorce you,” this does not count as a divorce (talaaq), because it is only
a promise of divorce. Divorce does not take place unless the husband
actually issues a divorce after the period. 

A person may decide to divorce, then change his mind, and
perhaps that is better for you and your children. 

It is essential that the relationship between the spouses be
based on kindness. It is not permissible for the husband to beat his wife
except in the case of her being wilfully defiant (nushooz) and not
responding to his exhortations and advice or forsaking her in bed. But he
does not have the right to beat her on her face or beat her in a way that
causes severe pain. Allaah says (interpretation of the meaning): 

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

[al-Nisa’ 4:34]. 

We ask Allaah to set your affairs straight. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - If a divorce is made conditional upon the actions of another person, and he does it by mistake

If a divorce is made conditional upon the actions of another person, and he does it by mistake

If a man says to his wife: if you go out, consider yourself divorced. She so obeys him and stays at home. But later she forgot and went out without taking his permission. Is this divorce valid?.

 

Praise be to Allaah.

Firstly: 

If a man says to his wife,
“You are divorced if you go out,” then she goes out knowingly and willingly,
the divorce counts as such according to the majority of fuqaha’. 

Some scholars are of the
view that if the one who issued this conditional divorce intended thereby to
prevent her from going out, and he did not intend divorce, then he has to
offer expiation for breaking an oath (kafaarat yameen) if his wife goes out,
but that does not count as a divorce. 

But if he intended divorce,
then it counts as such when the thing that was made conditional occurs. This
is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy
on him) and some other scholars. 

Secondly: 

If he does the action on
which divorce is made conditional by mistake, then the divorce counts as
such according to the majority of fuqaha’, in contrast to the view of the
Shaafa’is , and of Ahmad according to the report favoured by Shaykh al-Islam
Ibn Taymiyah, and regarded as sound by al-Mardawi in al-Insaaf
(9/114). 

Similarly, if he makes
divorce conditional upon the actions of another person, and he does it by
mistake, as in the case asked about here, then the divorce does not count as
such according to the Shaafa’is, and this is the more correct opinion. But
they stipulated that the other person should be one who pays attention to
the words of the husband and is careful not to go against them. But if he
does not pay any attention to his words, then the divorce counts as such
even if he does it by mistake. 

Shaykh al-Islam Zakariya
al-Ansaari said in Usna’l-Mataalib (3/301): Similarly, she is not
divorced if it is made conditional upon the actions of another, whether it
is the wife or someone else, and he intended thereby to prevent her or him
from doing something or to urge her or him to do something, and he is one of
those would heed the husband’s conditions and not go against his words
because of friendship and the like, and is aware of this condition, and he
went against it by mistake or because of ignorance or because he was forced
to do so.  

If he did not intend to
prevent him from doing something or to urge him to do something, or is one
of those who does not care about his conditions, such as the ruler (who
would not care about an ordinary’s man’s oaths or conditions), or he did not
know about it and he did it, by mistake, or out of ignorance of because he
was forced, then she becomes divorced, because the point here is connecting
the divorce to a particular action without aiming to prevent or urge anyone
to do anything. End quote. 

Ibn Hajar al-Haytami said
something similar in al-Fataawa al-Fiqhiyyah al-Kubra
(4/178). 

Shaykh Ibn Baaz (may Allaah
have mercy on him) issued a fatwa concerning a person who made his divorce
conditional upon something, then he did it by mistake; his wife is not
divorced, because one of the conditions of his doing it is that he should
deliberately have done the thing on which his divorce was made conditional,
and the one who does it by mistake is not doing it deliberately, according
to sharee’ah. Fataawa al-Shaykh Ibn Baaz (22/47). 

Note: according to the view
that the one who does it by mistake is excused, the vow of divorce or
conditional divorce remains as it is; if the wife goes out without her
husband’s permission, with no excuse such as forgetfulness or being forced,
then the divorce counts as such if he intended divorce. If he did not intend
divorce then he must offer expiation for breaking an oath (kafaarat
yameen). 

And Allaah knows best.

 

Islam Q&A

Islam Question and Answer - He made an amulet with Qur’aanic verses for his wife to wear

He made an amulet with Qur’aanic verses for his wife to wear

Two years ago, On my wife's request, I had prepared an amulet consisting of Quranic verses that she wore.I now looked at question
11788. The answer said that it is SHIRK to do so. Since I was not aware that amulets are considered SHIRK, am I still guilty of SHIRK? Please advise.

 

Praise be to Allaah.
 

 

If an amulet is made with something other than Qur’aan or
du’aa’s narrated from the Prophet (peace and blessings of Allaah be
upon him), or if it contains symbols, mumbo-jumbo and strange words that
cannot be understood, then there is scholarly consensus that it is haraam
and constitutes shirk. But if the amulet is made with Qur’aan or du’aa’s
narrated from the Prophet (peace and blessings of Allaah be upon him),
then there is a difference of opinion among the salaf, but the correct view
is that it is haraam. See question no.
10543. 

The scholars of the Standing Committee said: 

The scholars are agreed that it is haraam to wear amulets if
they are made with anything other than Qur’aan, but they differed concerning
those that are made with Qur’aan. Some said that it is permissible to wear
them and some said that that is not permissible. The view that it is not
allowed is more likely to be correct because of the general meaning of the
ahaadeeth, and so as to prevent the means that may lead to shirk. 

Fataawa al-Lajnah al-Daa’imah,
1/212 

So you and your wife who asked you for this amulet should
remove it straight away and burn it. You said that you did that and you did
not know that it was shirk, so you are not to be regarded as a mushrik or a
sinner because of this action, since you did not deliberately commit an act
of sin.  Allaah says (interpretation of the meaning): 

“And there is no sin on you concerning that in which you
made a mistake, except in regard to what your hearts deliberately intend”

[al-Ahzaab 33:5] 

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286] 

And the Prophet (peace and blessings of Allaah be upon
him) said: “My ummah is excused for their mistakes, what they forget and
what they are forced to do.” 

This evidence indicates that whoever commits a sin but does
not know it is a sin, is not to blame, and that Allaah has forgiven him. 

And Allaah knows best.

 

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Islam Question and Answer - Showing off (riya) in worship

Showing off (riya) in worship

Is there any chance of getting blessings from an act ruined by riyaa if one's intentions change to please Allaah after the thought of riyaa has already come? For example, I finish reciting Qu'raan, and the thought of riyaa enters my mind. If I immediately fight this thought with thinking about Allaah, can I still get blessings for my recitation, or is it completely ruined forever because of riyaa, given that the act is over and the riyaa thought came after it was already over?.

 

Praise be to Allaah.
 

 

Shaykh Ibn ‘Uthaymeen said: 

Showing off may affect worship in three
ways: 

1 – When the basic motive for worship is to
be seen by others, such as one who stands and prays so that people will see him, and so that they will praise him for his prayers. This
invalidates the act of worship. 

2 – When it is a factor that develops during
the act of worship, i.e., if the worshipper is initially sincere in his intention towards Allaah, then the idea of showing off develops whilst he
is doing it. In this case one of the following two scenarios must apply: 

(i)               
There is no connection between the first part of his act of worship and the last part, so the first part is valid
in all cases, and the last part is invalid.

For example: a man has
one hundred riyals that he wants to give in charity, so he gives fifty of them in a sincere act of charity. Then the idea of showing off develops
with regard to the remaining fifty. So the first was a sound and accepted act of charity, but the last fifty was an invalid act of charity because
the sincerity was mixed with a desire to show off.

(ii)             
The first part of the act of worship is connected to the last part, in which case one of the following two scenarios must apply:

(a)    
He wards off the idea of showing off and does not give in to it, rather he turns away from it and hates it. This does not have any
effect on him, 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.”

(b)   
When he gives in to this idea of showing off and does not ward it off. In this case the entire act of worship becomes invalid,
because the first part is connected to the last part. For example, he starts the prayer with a sincere intention towards Allaah, then the idea of
showing off develops in the second rak’ah, so the entire prayer becomes invalid because the first part is connected to the last part. 

3 – The idea of showing off develop after the
act of worship has ended. This does not affect it or invalidate it, because it has been completed soundly, so if showing off occurs after that it
does not affect it. 

It is not showing off if a person feels happy
that the people come to know about his worship, because this developed after he has finished the act of worship.  

It is not showing off if a person feels happy
because he has done an act of worship, because that is a sign of his faith. The Prophet (peace and blessings of Allaah be upon him) said:
“Whoever feels happy because of his good deeds and sad because of his bad deeds, that is the believer.” 

The Prophet (peace and blessings of Allaah be upon him) was asked about that and said:
“That is the first glad tidings of the believer.” 

Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen,
2/29, 30.

 

Islam Q&A

Islam Question and Answer - Is it permissible to seek treatment with one who claims that he has dealings with a doctor from among the Muslim jinn?

Is it permissible to seek treatment with one who claims that he has dealings with a doctor from among the Muslim jinn?

If I seek treatment with a man who has with him Muslim doctors from among the jinn, will that invalidate my fast?.

 

Praise be to Allaah.

Firstly: 

It is not
permissible to seek the help of the jinn for medical treatment or anything
else, and it is not permissible to go to one who claims to do that. 

The Muslim
should not be deceived by the success of anyone’s treatment or seeing the
effects of that, for the Dajjaal will tell the sky to rain and it will rain,
and he will tell the earth to bring forth its treasure and it will do so.
Should the Muslim be deceived by him and believe his claims? It may be a
test or a gradual punishment from Allaah. “We shall gradually seize them
with punishment in ways they perceive not” [al-A’raaf 7:182].  

Shaykh ‘Abd
al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked
about the ruling on using the services of Muslim jinn to treat disease if
that is needed. He replied: 

The sick
person should not use the services of the jinn for treatment or ask them for
anything, rather he should ask well known doctors, but he should not turn to
the jinn, because that is a means that leads to worshipping them and
believing them. Among the jinn are some who are kaafirs and some who are
Muslims, and some who are innovators, and you do not know about them. So you
should not rely on them or ask them for anything, even if they appear to
you. Rather you should ask the people of knowledge and human doctors. Allaah
condemned the mushrikeen as He said (interpretation of the meaning): 

“And
verily, there were men among mankind who took shelter with the males among
the jinn, but they (jinn) increased them (mankind) in sin and transgression”

[al-Jinn 72:6]  

And it is a
means that leads to dependence upon them and shirk, and it leads to seeking
benefit from them and seeking their help, and all of that is shirk. End
quote. 

Majallat
al-Da’wah (no. 1602, Rabee’ al-Awwal 1418AH, p.
34) 

Shaykh
Saalih al-Fawzaan (may Allaah preserve him) said: 

The help of
the jinn should not be sought, whether from the Muslims among them or those
who say that they are Muslim, because he may say that he is Muslim but he is
lying in order to interfere with people. This should be prevented from the
outset. It is not permissible to seek the help of the jinn even if they say
that they are Muslims, because this opens the door to trouble. 

It is not
permissible to seek the help of one who is absent whether he is a jinni or
otherwise, and whether he is a Muslim or not. Rather we should seek the help
of one who is present and is able to help, as Allaah said of Moosa
(interpretation of the meaning): 

“The man
of his (own) party asked him for help against his foe”

[al-Qasas
28:15] 

Moosa was
present and able to help, and it was possible for him to help as this was an
ordinary situation. End quote 

Al-Sihr
wa’l-Sha’wadhah, p. 86, 87 

Secondly: 

With regard
to fasting, it is valid in sha Allaah and is not invalidated by that,
although the reward for fasting may be reduced and may be erased altogether
by the commission of sin. See the answer to question no.
50063. 

And Allaah
knows best.

Islam Q&A

Islam Question and Answer - How can we respond to those who say that tawaaf is like worshipping idols?

How can we respond to those who say that tawaaf is like worshipping idols?

How can we respond to those who say that tawaaf is like worshipping idols?.

 

Praise be to Allaah.

First of all it is essential to define the essence of the
message to which Islamic sharee’ah calls, and how it differs from the
idolatry of Jaahiliyyah. Then we will be able to understand whether tawaaf
around the Ka’bah is a manifestation of idolatry or of Tawheed and Islam.  

If we refer to the Book of Allaah, may He be exalted, we will
see that the essence of the Islamic religion is submission to the commands
of Allaah and taking Him as our only Lord and God, and rejecting all others
who are worshipped unlawfully. 

Allaah, may He be glorified and exalted, says (interpretation
of the meaning): 

“But no, by your Lord,
they can have no Faith, until they
make you (O Muhammad صلى الله عليه وسلم)
judge in all disputes between them,
and find in themselves no resistance against your decisions, and accept
(them) with full submission”

[al-Nisa’ 4:65] 

“And whosoever submits
his face (himself) to Allaah, while he is a Muhsin (good‑doer, i.e. performs
good deeds totally for Allaah’s sake without any show-off or to gain praise
or fame and does them in accordance with the Sunnah of Allaah’s Messenger
Muhammad صلى الله عليه وسلم), then he
has grasped the most trustworthy handhold [Laa ilaaha illAllaah (none has
the right to be worshipped but Allaah)]. And to Allaah return all matters
for decision”

[Luqmaan 31:22] 

 “And turn in
repentance and in obedience with true Faith (Islamic Monotheism) to your
Lord and submit to Him (in Islam) before the torment comes upon you, (and)
then you will not be helped”

[al-Zumar 39:54] 

As for ignorant
idol-worship, it means submitting to something other than Allaah, and
turning to something other than Allaah, be it a rock, an idol or a “wali”
(“saint”), as a weak and humble slave filled with hope and fear. These
things – in Islam – can only be for Allaah, may He be glorified and exalted.

Allaah 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] 

“(It
will be said): This is because, when Allaah Alone was invoked (in worship)
you disbelieved (denied), but when partners were joined to Him, you
believed! So the judgement is only with Allaah, the Most High, the Most
Great!”

[Ghaafir 40:12] 

“They
have no Wali (Helper, Disposer of affairs, Protector) other than Him, and He
makes none to share in His Decision and His Rule”

[al-Kahf 18:26] 

Once this is established,
we will be able to differentiate between the Muslim who affirms the Oneness
of Allaah and the idolatrous mushrik in matters which may appear outwardly
to be similar. For example: 

The Muslim who affirms
the Oneness of Allaah loves the Messenger of Allaah (peace and
blessings of Allaah be upon him); he venerates him, respects him, sacrifices
himself and his wealth in support of him and obeys his commands, and all of
that is in obedience to the command of Allaah in the verse (interpretation
of the meaning): “So
those who believe in him (Muhammad صلى الله
عليه وسلم), honour him, help him, and follow the light (the Qur’aan)
which has been sent down with him, it is they who will be successful”
[al-A’raaf 7:157]. 

As for the idolatrous
mushrik, you see him coming to the grave of the Messenger (peace and
blessings of Allaah be upon him), asking him to meet his needs and seeking
his aid to relieve his worries, and calling upon him with utter humility,
regarding him as something divine. He may believe that in his hand are the
stores of the heavens and earth, and that al-Lawh al-Mahfooz is part of his
knowledge, and other things that are said or believed by some of the
ignorant. In this case the mushrik is not following the command of Allaah
and he is not submitting himself to Allaah, rather he is submitting to
something other than Allaah and obeying the shaytaan in that.

 Another example: 

The Muslim who affirms
the Oneness of Allaah obeys the commands of Allaah in submission to His
greatness, may He be glorified and exalted. If He were to command him to
prostrate to a human being, or to venerate a human being or a rock, then he
would obey that as an act of worship to Allaah and in submission to His
command and wisdom, as the angels did when Allaah commanded them to
prostrate to Adam (peace be upon him), and they prostrated. 

As for the idolatrous
mushrik, he prostrates to a human being or a rock out of respect for the
person or rock itself, and in submission to what he imagines they possess of
the power to benefit or harm, turning to them with hope and fear and
humility. In doing that he is not paying any attention to the command of
Allaah, or to His rulings, rather he is directing his submission and worship
to something other than Allaah on the basis of his own whims and desires. 

Hence Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) said: 

As for submission,
devotion of the heart and acknowledgement of divinity and Lordship, these
can only be directed towards Allaah alone, and if directed towards anyone or
anything else they are utterly false. As for prostration it is connected to
the commands of Allaah, because Allaah has commanded us to prostrate to Him,
and if He had commanded us to prostrate to any of His creation other than
Him, we would have prostrated to that one in obedience to Allaah if He
wanted us to venerate the one to whom we were prostrating. As He has not
commanded us to prostrate, then we should not do it at all. The prostration
of the angels to Adam was an act of worship to Allaah, obedience to Him and
a means of drawing closer to Him, and it was a way of honouring and
respecting Adam. And the prostration of Yoosuf’s brothers to him was a
greeting. End quote. 

Majmoo’ al-Fataawa
(4/360, 361). 

Thus we may differentiate
between many cases in which actions may appear outwardly to be similar, but
in fact one is Islam, Tawheed and faith, whereas the other is shirk, kufr
and idolatry. 

That includes tawaaf
around the Ka’bah: 

The Muslim who affirms
the Oneness of Allaah obeys the command of Allaah in all matters, great and
small. When he hears the words of Allaah (interpretation of the meaning),
“and
circumambulate the Ancient House (the Ka‘bah at Makkah)”
[al-Hajj 22:29],
he cannot help but obey them, so he circumambulates the sacred House out of
love for Allaah and in obedience to Him, hoping for mercy from Allaah and
fearing His punishment. And he does not go beyond what he has been commanded
to do of tawaaf, so he does not touch the stones of this House or think that
it can bring benefit or cause harm. 

As for the idolatrous
mushrik, he is the one who circumambulates rocks or shrines, venerating
them, hoping that they will relieve his distress and answer his prayers,
weeping out of fear of them, beseeching them, and seeking to draw closer to
them by means of different acts of worship such as prostration, sacrifices,
circumambulation and supplication. In doing so he is not obeying the command
of Allaah or the laws of the Prophet (peace and blessings of Allaah be
upon him), rather he is obeying his own whims and desires and the shaytaan. 

So there is a great and
clear difference between the actions of those who believe in Tawheed and
Islam, and the manifestations of idolatry and shirk. The one who does not
pay attention to this difference will become confused, and will no longer be
able to differentiate between kufr and faith.

We hope that the
difference between the two is now clear. 

And Allaah knows best.

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