If she stipulated that he should not take another wife, does he have to adhere to that?

I would like to know:
1- If during the time of Prophet, was there any such practice as putting a clause in the marriage contract that husband would not take any wives after this? Does this not amount to making a halal thing haram?
2- If a husband promises his wife that he would not take another wife, does he forego his right to take more wives? Please note that this promise is not a condition in the marriage contract but is done after few years of marriage.
3- If answer to question 2 is yes, then does it still hold if the husband made this promise under some pressure?
4- Would the husband be sinning if he breaks the promise made to first wife and goes ahead with the marriage?.

Praise be to Allaah.

Firstly: 

If the wife stipulates that her husband should not take another wife, this is a valid condition and he must adhere to it; if he does take another wife, she has the right to annul the marriage contract. 

That is because of the report narrated by al-Bukhaari (2721) and Muslim (1418), that the Messenger of Allah (blessings and peace of Allah be upon him) said: “The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.” 

And because he (blessings and peace of Allah be upon him) said: “The Muslims are bound by their conditions, except a condition that makes something permissible forbidden or makes something forbidden permissible.”

Narrated by al-Tirmidhi (1352) and Abu Dawood (3594). It was classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

This condition does not make something permissible forbidden; rather it restricts the man’s power and gives the wife the right to annul the marriage. Such conditions were made at the time of the Sahaabah (may Allah be pleased with them). 

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about a man who married a woman, and she stipulated that he should not take another wife or make her move from her home, and that she could live with her mother, and he went ahead (with the marriage) on that basis. Is he obliged to adhere to that, and if he goes against these conditions, does the wife have the right to annul the marriage or not? 

He replied: Yes, these conditions and similar ones are valid according to the madhhab of Imam Ahmad and others among the Sahaabah and Taabi‘een, such as ‘Umar ibn al-Khattaab, ‘Amr ibn al-‘Aas, Shurayh al-Qaadi, al-Awzaa‘i and Ishaaq. The view of Maalik is that if she stipulates that if he takes another wife or takes a concubine, she has the right to decide [whether to stay married to him or not], then this condition is also valid, and the woman has the right to leave him. This is similar to the view of Ahmad. That is because of the report narrated by [al-Bukhaari and Muslim] in al-Saheehayn, that the Prophet (blessings and peace of Allah be upon him) said: “The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.” And ‘Umar ibn al-Khattaab said: “Rights are connected to conditions.” So the Prophet (blessings and peace of Allah be upon him) made that by which of means intimacy becomes permissible more deserving of being fulfilled than anything else.

End quote from al-Fataawa al-Kubra, 3/90. 

Secondly: 

These conditions only apply if they are agreed upon at the time of the marriage contract. If they occur after the marriage contract has been done, they are a promise and do not give the wife the right to annul the marriage, but the husband has to fulfil his promise, because of the general meaning of the evidence that enjoins fulfilling promises, such as the verse in which Allah says (interpretation of the meaning): “And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34] and the words of the Prophet (blessings and peace of Allah be upon him), “Guarantee me six things and I will guarantee Paradise to you: be truthful when you speak, fulfil it when you make a promise, render back if you are entrusted with something, guard your chastity, lower your gaze and restrain your hands (i.e., do not harm others).” Narrated by Ahmad (2225); classed as hasan by al-Albaani in Saheeh al-Jaami‘ (no. 1018), and because breaking promises is one of the attributes of the hypocrites. 

See also the answer to question no. 30861. 

And Allaah knows best.

Ruling on bridesmaids

I was just wondering if it is permissible to have brides maids for a reception in Islam. I am not sure if the practice is cultural or religious.

Praise be to Allaah.

It is permissible for the bride to have someone to help adorn her and accompany her, or a female servant who will serve her, in return for a specified wage paid by the husband or bride or someone else. This was widespread in ancient times and is still done in some countries. It is permissible according to sharee‘ah, as stated above. The fuqaha’ stated clearly that if it is the woman's custom to have a servant, then the husband has to bring someone to serve her. 

It says in Kashshaaf al-Qinaa‘ (5/463): If the wife needs someone to serve her, because a woman like her does not serve herself or because of her high position, and she has no servant, then she is entitled to a servant because Allah says (interpretation of the meaning): “and live with them honourably” [al-Nisa’ 4:19], and because it is something that is needed all the time. But the servant should only be someone for whom it is permissible to look at the wife, either a woman or a relative who is a mahram. End quote. 

Having bridesmaids or a servant is not something that belongs to one particular culture or that has to do with religion; rather it a matter of custom or tradition, which varies from one society to another, and may be necessary. 

And Allah knows best.

Can a person with schizophrenia get married?

Im schizophrenic, is schizophrenia a kind of madness, is valid my salat, can i marriage ?.

Praise be to Allaah.

The person who has schizophrenia can get married, so long as he informs the woman he wants to marry about his illness. That is because every sickness or fault that may have an impact on married life or may put the wife off must be disclosed and it is haraam to conceal it. 

Insanity is one of the defects that render the marriage contract null and void according to the majority of fuqaha’. If the woman is not aware of it at the time of the marriage contract, then she comes to learn of it afterwards, she has the right to annul the marriage. 

See: al-Mughni, 7/140; al-Mawsoo‘ah al-Fiqhiyyah, 16/108 

Ibn al-Qayyim (may Allah have mercy on him) said: The analogy is that in the case of any defect which puts one spouse off the other, and means that the aims of marriage, such as compassion and love, cannot be attained, the option to annul must be given. 

End quote from Zaad al-Ma‘aad, 5/166 

Shaykh Saalih al-Fawzaan (may Allah preserve him) was asked: My brother is epileptic, but this does not make him impotent. He has done the marriage contract with a woman; does he have to tell her about his sickness before consummating the marriage with her, or not? 

He replied: 

Yes, each spouse must tell the other of any physical defects that he or she has before marriage, because this comes under the heading of honesty and because it is more likely to bring about harmony between them and ward off disputes, and so that each of them will enter into marriage with the other with full disclosure. It is not permissible to deceive and conceal. 

End quote from al-Muntaqa min Fataawa al-Fawzaan 

To sum up: the one who is affected by insanity or any other disease may get married on condition that he informs the one he wants to marry of his sickness. 

And Allah knows best.

He cannot provide separate accommodation for his wife and her family want to annul the marriage. What are the consequences of that?

My sister got married to a man six months ago and the marriage has not been consummated until now. One condition of the marriage contract was that the marital home would be a separate house, but the husband has not been able to fulfil this condition and it has been a long time, as you can see. Now we -- the wife’s family -- want the girl to be divorced. What is the ruling to be followed in order to return the dowry and gifts?.

Praise be to Allaah.

Accommodation in a separate marital home is one of the rights that the wife has over the husband. If that was stipulated at the time of the marriage contract, this is a confirmation of this duty of the husband, and if he does not fulfil the conditions stipulated by the wife and her family, they have the right to annul the marriage. 

See the answer to Question no. 111919. 

As the husband had delayed it for a long time and has not been able to fulfil this condition, and this delay is causing harm to the wife and her family, he has two choices: 

i.                    He can state that he is not able to fulfil this condition, and hence has to divorce her. As a result of that divorce, she will be entitled to half of her mahr -- both that which has been paid and that which was delayed -- and she does not have to observe ‘iddah if he did not consummate the marriage with her or was not alone with her in such a way that he could have been intimate with her.

She is entitled to the mahr in full and she has to observe ‘iddah if he did consummate the marriage with her or was alone with her in such a way that he could have been intimate with her, even if that did not actually happen. 

See the answer to question no. 97229. 

ii.                  Or if he states that he will be able to do that, but it will take some time, then people of wisdom should mediate between the two sides, so as to give him a reasonable amount of time to fulfil the condition, and if he does, all well and good, otherwise the wife’s family have the right to annul the marriage. 

With regard to the gifts that he gave her, he has no right to them, because the basic principle is that taking back a gift is haraam, and because the divorce was his fault, not the wife’s. 

And Allah knows best.

Is there a set age for marriage in Islam?

I would like to know whether there is a set age for marriage in Islam for men and women? I hope you can explain with reference to the Qur’aan and saheeh hadeeths.

Praise be to Allaah.

Firstly: 

Islam does not give a specific age for marriage, either for the husband or for the wife. Allah, may He be exalted, says (interpretation of the meaning):

“And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not”

[al-Talaaq 65:4]. 

Al-Sa‘di (may Allah have mercy on him) said: “along with those who have it [menses] not” means minors, those who have not yet started to menstruate. Adult women who have never menstruated at all are like those who “despair of menstruation” (i.e., have passed menopause); their ‘iddah is three months. End quote. 

Tafseer al-Sa‘di, p. 870 

The Prophet (blessings and peace of Allah be upon him) married ‘Aa’ishah (may Allah be pleased with her) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422). 

Ibn Qudaamah (may Allah have mercy on him) said in al-Sharh al-Kabeer, 7/386: 

With regard to females, the father may give his minor, virgin daughter who has not yet reached the age of nine in marriage, and there is no difference of opinion concerning that, if he gives her in marriage to someone who is compatible. Ibn al-Mundhir said: All of those scholars from whom we acquired knowledge unanimously agreed that it is permissible for a father to give his minor daughter in marriage if he arranges her to someone who is compatible, and it is permissible for him to do that even if she is reluctant. End quote. 

Secondly: 

No one may give a minor daughter in marriage except her father according to the view of Maalik and Ahmad. This was also the view of al-Shaafa‘i, but he regarded the grandfather as being like the father in that regard. Abu Haneefah said – and it was also narrated from Ahmad – that it is permissible for a guardian other than the father to give (the minor girl) in marriage, but the more correct view is the former one.

See: al-Mughni, 7/33 

Thirdly: 

The father should not give a minor daughter in marriage except in a case where he thinks it is in her best interests. Just as he may only dispose of her wealth in that which is in her best interests, the same applies with regard to arranging her marriage. Islam only permits that to the Muslim father who is pious and pays proper attention to the best interests of his children, and who understands very well that he is a shepherd and that he is responsible for his flock. 

Ibn Wahb narrated that Maalik said, with regard to a man arranging a marriage for an orphan girl under his care: If he thinks that (the husband) is a man of virtue, righteousness and wisdom, it is permissible for him to do that. 

Ahkaam al-Qur’aan by al-Jassaas, 2/342 

Fourthly: 

A man should not consummate marriage with his young bride until she is physically able to bear intercourse. This varies from one time, place and environment to another. 

For more information please see the answers to questions no. 22442 and 127176. 

What young men and guardians of girls should do is hasten to arrange marriages, so as to guard chastity and protect honour, and so as to attain the great purposes for which Allah ordained marriage. 

And Allah knows best.

Muslim forbidding his non-Muslim wife to celebrate her religious festivals

Why is it that a catholic girl married to a muslim man CANNOT celebrate her religous festivals? even though she is married to a muslim she still remains a catholic. shouldnt she be able to worship what she belives?.

Praise be to Allaah.

If a Christian girl agrees to marry a Muslim man, then she should be aware of a number of things: 

1 – The wife is commanded to obey her husband, so long as it does not involve sin. No differentiation is made between a Muslim wife and a non-Muslim wife with regard to that. If her husband tells her to do something that is not a sin, then she is obliged to obey him. Allaah has given this right to men, because they are in charge of the family and are responsible for it, and family life cannot run smoothly unless one of its members is in charge and is listened to and obeyed. But this does not mean that the man is allowed to dominate or exploit this right in order to mistreat his wife and children, rather he must strive hard to do a good job, to offer sincere advice and consult with them. 

But life is not free of matters that need to be settled in a decisive manner. The Christian girl needs to understand this principle before she goes ahead and marries a Muslim. 

2 – Islam allows marriage to a Christian or Jewish woman, i.e., it permits a man to marry such a woman whilst she continues to follow her religion. The husband does not have the right to force her to become Muslim, or to stop her worshipping in her own way. But he does have the right to forbid her to go out of the house, even if she is going to go out to go to church, because she is commanded to obey him. He also has the right to forbid her to commit evil openly in the house, such as setting up statues or ringing bells. 

That also includes celebrating innovated festivals, such as Easter, because that is an evil action according to Islam, in two ways. It is an innovation for which there is no basis, like celebrating the birthday of the Prophet (peace and blessings of Allaah be upon him) and Mother’s Day, and it also includes false beliefs, namely the belief that the Messiah was killed and crucified, then placed in the grave, then rose from it. 

The truth is that ‘Eesa (Jesus – peace be upon him) was not killed or crucified, rather that he was taken up to heaven alive. 

See questions no. 10277 and 43148. 

The husband does not have the right to force his Christian wife to give up these beliefs, but he may denounce her open profession of falsehood. We have to differentiate between her right to continue following her religion and her manifesting evil deeds openly in his house. An example of that is if the wife is a Muslim but she believes that something is permissible, whereas her husband believes it is haraam. He has the right to stop her doing it, because he is in charge of the family, and he is obliged to denounce whatever he believes is wrong. 

3 – The view of the majority of scholars is that the minor issues of sharee’ah are addressed to the kaafirs, as well as the command to believe. This means that things that are forbidden to Muslims are also forbidden to them, such as drinking alcohol, eating pork, introducing innovations or celebrating them. The husband should stop his wife committing any of these actions, because of the general meaning of the verse in which Allaah says (interpretation of the meaning): 

“O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones”

[al-Tahreem 66:6] 

Nothing is exempted from that except the beliefs and acts of worship that are prescribed in her religion, such as obligatory prayers and fasts. The husband should not raise any objections to that. Drinking alcohol, eating pork, and celebrating innovated festivals that have been invented by rabbis and priests, are not part of her religion. 

Ibn al-Qayyim (may Allaah have mercy on him) said: The husband has the right to stop her going out to the church. This was stated by Imam Ahmad with regard to a man who had a Christian wife. He said: He should not give her permission to go out to Christian festivals or churches. 

And he said concerning a man who had a Christian slave woman who asked him to let her go out to attend their festivals and churches and gatherings: He should not give her permission to do that. 

Ibn al-Qayyim said: The reason for that is that he should not help her with regard to the means of kufr or give her permission to do that. And he said: He does not have the right to forbid her to observe fasts which she believes are obligatory, even if that means that he misses out on intimacy with her at that time, or to forbid her to pray towards the east in his house. The Prophet (peace and blessings of Allaah be upon him) allowed the Christians of Najraan to pray in his mosque, facing towards their “qiblah” (direction of prayer). End quote from Ahkaam Ahl al-Dhimmah, 2/819-823. 

The fact that the delegation of Christians from Najraan prayed in the mosque of the Prophet (peace and blessings of Allaah be upon him) was also mentioned by Ibn al-Qayyim (may Allaah have mercy on him) in Zaad al-Ma’aad, 3/629. The commentator said: its men are thiqaat (trustworthy), but it is munqati’ (interrupted) – i.e., its isnaad is da’eef (weak). 

See also question no. 3320. 

And Allaah knows best.

What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage?

I have understood from the answers on this website that there are no restrictions between a man and a woman after the nikah, even though the marriage has not been consumated yet. I have read some answers to this question on your website, but i have not been able to find a satisfying answer to the general statement that some people make that one should follow the way of the Prophet Muhammad (peace and blessings of Allaah be upon him) and the man and the woman should not meet alone, as he (peace and blessings of Allaah be upon him) did not meet with Hadrat Ayesha (RA) till their marriage was consumated a few years after the nikah. So if the Prophet (peace and blessings of Allaah be upon him) didnt meet with her alone during the time between the nikah and consumation of marriage, then what is the daleel on which the scholars have based their justification that allows a man and woman to meet with each other after nikah and before the consumation of marriage?.

Praise be to Allaah.

The man remains a stranger to the woman and it is not permissible for him to look at her, shake hands with her or be alone with her. If he wants to marry her, then he should propose marriage – and in this case it becomes permissible for him to look at her only; not shake hands with her or be alone with her. If her family agree and give her in marriage to him, then he becomes her husband and she becomes his wife, and it is permissible for him to do everything – looking, being alone with her, touching her, shaking hands and being intimate, because Allaah says (interpretation of the meaning): 

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

6. Except from their wives…”

[al-Mu’minoon 23:5] 

Marriage is established as soon as the marriage contract is done, hence if one of the spouses dies after the marriage contract has been done, the other one inherits from him or her, even if that is before consummation. 

This is the evidence that was quoted by the scholars with regard to this issue. 

But it has become customary among people to announce the marriage contract separately from the consummation, not because consummation is haraam after the marriage contract, but rather because the husband’s circumstances may not allow him to take his wife to the marital home, so there is what is known as “announcement of consummation” or “the wedding night”. As this is the case, the husband should not consummate the marriage with his wife until after the consummation has been announced, because if he consummated the marriage with her before that, it may cause serious problems for both of them. He may divorce her or die, and she may be a virgin who then loses her virginity, and she may become pregnant, thus the woman exposes herself to suspicion and she and her family may be the subject of unending gossip. See the answer to question no. 52806. 

As for the questioner saying that the Prophet (peace and blessings of Allaah be upon him) was not alone with ‘Aa’ishah during the period between the marriage contract and the consummation, this is just conjecture. Who can be certain about that? That period lasted for three years, during which the Prophet (peace and blessings of Allaah be upon him) used to come to Abu Bakr’s house twice a day, morning and evening, as is proven in Saheeh al-Bukhaari (476). 

So who can say that the Prophet (peace and blessings of Allaah be upon him) was never alone with ‘Aa’ishah during that period? 

However, it may be that this is true, but that does not mean that this is haraam, because it is proven that it is permissible, based on evidence from the Qur’aan, as quoted above. 

And Allaah knows best.

Is it one of the wife’s rights to have her own accommodation?

Is a man under obligation to provide a separate accommodation for his wife even though they can live with his parents as there is enough space and no problem of a non-mahram being there. Is this one of the rights that the wife has upon her husband?.

Praise be to Allaah.

One of the wife’s rights is that her husband should provide her with safe accommodation. This may vary according to what the husband can afford. A rich man should provide something that is appropriate for him, and a poor man is not obliged to do any more than that which is in accordance with what Allaah has given him. It is not permissible for a husband to make anyone live with his wife whose presence will cause her harm such as his mother, father or sons from another wife. If one of his parents needs him, and she will not be affected by his or her presence, then we advise the wife to fear Allaah with regard to this one who is in need. She should realize that honouring her husband’s parents is part of treating him kindly, and the wise husband should  appreciate his wife’s actions which will increase the bonds of love between them. 

But if the husband can provide one house for his parents and another for his wife close by, this is a good action, and by doing so he will be giving each of them their rights, without causing any separation or arguments.  

We have discussed in detail the wife’s right to accommodation in the answer to question no. 7653. 

Anyone who has seen the problems and arguments that affect families and cause trouble between couples because of the wife living with her husband’s family and vice versa will see the wisdom in what the scholars say, and in the wife’s right to live in her own accommodation. But if the wife agrees to live with her husband’s family in order to be kind to her husband, and to honour his parents, especially if they need help, then there is nothing wrong with that and she will be rewarded by Allaah for this kindness in sha Allah. But she must be patient and forbearing. And Allaah is the One Whose help we seek and in Whom we put our trust. 

And Allaah knows best.

Ruling on abortion, divorcing a pregnant woman and putting pressure on a wife to make her give up her rights

What is the Islamic ruling on a husband who tries to make his wife have an abortion in the second month of pregnancy because he wants to divorce her, by giving her medicine against her wishes, although the abortion did not happen? Is that halaal or haraam? What is the expiation for that deed? Is it permissible to divorce a wife when she is pregnant? What is the ruling on forcing a wife to give up her rights before she is divorced?.

Praise be to Allaah.

Firstly: 

Aborting pregnancy is not permissible, whether the soul has been breathed into the foetus or not, but after the soul has been breathed into it, the prohibition is more emphatic. If a husband orders his wife to have an abortion, it is not permissible for her to obey him. 

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: 

As for trying to abort a pregnancy, that is not permissible so long as the death of the foetus in utero is not proven; if that is proven then it is permissible. 

Majmoo’ Fataawa al-Shaykh Ibn Ibraaheem (11/151). 

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

Firstly: 

Aborting pregnancy is not permissible. If a woman is pregnant the pregnancy must be protected, and it is haraam for the mother to harm this pregnancy or to put any kind of pressure on it, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it. The shar’i evidence indicates that it is haraam to abort pregnancy. 

The fact that she cannot give birth without surgery is no justification for abortion. Many women cannot give birth without surgery, so this is not an excuse to abort the surgery. 

Secondly: 

If the soul has been breathed into this foetus and it has begun to move, then she aborted it after that and it died, then she is regarded as having killed a soul, so she must offer expiation by freeing a slave. If that is not possible then she must fast for two consecutive months as repentance to Allaah. That applies if it was four months old, because in that case the soul had been breathed into it. If she aborted it after that, then she must offer expiation as described above. This matter is very serious and cannot be taken lightly. If she could not bear the pregnancy because she is sick, then she should take medicines that prevent pregnancy before it begins, such as taking pills to delay getting pregnant until she regains her health and strength. 

Al-Muntaqa (5/301, 302). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who said to his wife: Abort what is in your womb and the sin will be on me. If she did that in obedience to him, what expiation must they offer? 

He replied: 

If she did that, then they must both offer expiation by freeing a believing slave. If they cannot do that, then they must fast for two consecutive months, and they must give a male or female slave to his heirs who did not kill him, not to the father because the father is the one who ordered that he be killed, so he does not deserve anything.  

The phrase “male or female slave” refers to the diyah for the foetus, the value of a male or female slave, which the scholars set at one-tenth of the diyah for the mother. 

The ruling on abortion has been discussed previously in more than one question. Please see: 13317, 42321 and 12733. 

Secondly: 

With regard to divorcing a pregnant woman, it is a sunnah talaaq. It is widely believed among many of the common folk that it is contrary to the Sunnah, but there is no basis or evidence for their view. 

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

Ibn ‘Abd al-Barr said: 

With regard to the pregnant woman, there is no difference of opinion among the scholars that she may be divorced according to the Sunnah from the beginning of the pregnancy to the end, because her ‘iddah is until she gives birth. Similarly it was proven from the Prophet (peace and blessings of Allaah be upon him) in the hadeeth of Ibn ‘Umar that he told him to divorce her (his wife) when she was pure (not menstruating) or was pregnant, and there is no distinction between the beginning or end of pregnancy. 

Al-Tamheed (15/80). 

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

Thirdly: 

It is not permissible for a husband to take any of his wife’s property unless she gives it willingly, including her mahr (dowry), unless she has committed an act of blatant immorality, because Allaah says (interpretation of the meaning): 

“but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)”

[al-Nisa’ 4:4] 

“and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse”

[al-Nisa’ 4:19] 

Ibn Qudaamah said:  

[The scholars] are unanimously agreed that it is haraam to take her wealth except in the case of wilful defiance (nushooz) or bad conduct on her part. Ibn al-Mundhir narrated that al-Nu’maan said: If the wrongdoing and mistreatment comes from him and she separated from him by means of khula’, then it is permissible but he is sinning; what he did is not permissible for him but he should not be forced to return what he took.  

Ibn al-Mundhir said: What he says is contrary to the apparent meaning of the Book of Allaah, and contrary to the proven report from the Prophet (peace and blessings of Allaah be upon him), and contrary to the consensus of most of the scholars. 

Al-Mughni (3/137). 

Shaykh al-Islam Ibn Taymiyah said in Majmoo’ al-Fataawa (32/283): 

It is not permissible for a man to treat his wife with harshness and put pressure on her until she gives up some of the dowry, or to beat her for that purpose. But if she commits an act of blatant immorality, he has the right to treat her harshly so that she will give him something in return for letting her go, and he may hit her. This is something that is between a man and Allaah. As for the wife’s family, they should find out who is in the right and support him or her. If it becomes clear to them that she is the one who has transgressed the limits set by Allaah and has been unfaithful to her husband, then she is the wrongdoer and transgressor so she should give something n return for divorce. End quote. 

What is meant by an act of blatant immorality (translated as “illegal sexual intercourse”) in the verse “and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse”[al-Nisa’ 4:19] is zina (adultery) and lack of understanding and bad conduct, such as speaking bad words or mistreating her husband. 

See Tafseer al-Sa’di, p. 242 

And Allaah knows best.

Woman going out to visit her parents and relatives without her husband’s permission

What is the Islamic ruling on a wife who leaves the marital home to live in a rented house with one of her children, for fear that her husband may beat her because he is severely mentally ill? Please note that the house is rented with the husband’s knowledge, and this situation has been going on for one year and five months. 
What is the ruling on a wife going out for social occasions and to uphold ties with her family and relatives? She usually goes out to these events with one of her daughters or sons?.

Praise be to Allaah.

If the woman has left her home and gone to live in another house with her husband’s permission, then there is nothing wrong with that, if she moves to a place where she and her children can be safe. The same applies if her leaving is necessary because of the fear that her husband may beat her as the result of his severe mental illness. 

The basic principle is that a woman should not leave her husband’s home without his permission, and if she leaves without his permission, then she is being disobedient and wilfully defiant (nushooz). She loses the right to maintenance and is sinning thereby. But an exception is made in cases of necessity and the fuqaha’ have given several examples of that, such as if she goes out to buy flour, bread or other necessities, or she is afraid that the house may collapse, and so on. Asna al-Mataalib ma’a Haashiyatihi (3/239). 

It says in Mataalib Ooli al-Nuha  (5/271): It is haraam for her (i.e., the wife) to go out without his (i.e., the husband’s) permission, or without there being an essential reason such as bringing some food because there is no one who can bring it. End quote. 

Hence we know the ruling on her going out for social occasions and to uphold ties with her family and relatives; she should not do that except with his permission, whether she lives with him or in a separate house. 

The fuqaha’ differed with regard to a wife visiting her parents in particular – does the husband have the right to prevent her from doing that, and does she have to obey him? 

The Hanafis and Maalikis are of the view that he does not have the right to prevent her from doing that. 

The Shaafa’is and Hanbalis are of the view that he does have the right to prevent her, and that she must obey him, so she should not go out to visit them except with his permission, but he does not have the right to prevent her from speaking to them or to prevent them from visiting her, unless he fears that their visit may cause some harm, in which case he may forbid it so as to ward off harm. 

Ibn Nujaym (Hanafi) said:  If her father is elderly, for example, and needs her to serve him, and the husband prevents her from visiting him, then she may disobey him, whether her father is a Muslim or a kaafir. This is what it says in Fath al-Qadeer. It may be understood from what we have said that she may go out to visit her parents and mahrams. According to the correct view, she may go out to visit her parents every week with or without his permission, and to visit her mahrams once every year with or without his permission. End quote from al-Bahr al-Raa’iq (4/212). 

It says in al-Taaj wa’l-Ikleel ‘ala Matn al-Khaleel (Maaliki) (5/549): In al-‘Utbiyyah it says that the man has no right to prevent his wife from going out to the house of her father or brother, and a ruling to that effect should be issued against him, which is different from the view of Ibn Habeeb. Ibn Rushd said: This difference of opinion applies to a young woman who is trustworthy. As for the old woman there is no difference of opinion; she may visit her father and brother. As for a young woman who is not trustworthy, she is not allowed to go out. End quote. 

“Old woman” here refers to one who is old and for whom men have no desire. Al-Mawsoo’ahal-Fiqhiyyah (29/294). 

Ibn Hajar al-Makki (Shaafa’i) said: If a woman needs to go out to visit her father or to go to the baths, she may go out with her husband’s permission, not wearing any adornment, wearing a wrapper and old clothes, lowering her gaze as she walks, not looking to her right or left, otherwise she is sinning.” End quote from al-Zawaajir ‘an ‘Iqtiraaf al-Kabaa’ir (2/78). 

It says in Asna al-Mataalib (Shaafa’i) (3/239): The husband has the right to prevent his wife from visiting her sick parents and attending their funerals and the funeral of her child, but it is better not to do that. End quote. 

Imam Ahmad (may Allaah have mercy on him) said concerning a woman who had a husband and a sick mother: Obeying her husband is more obligatory for her than obeying her mother, unless he gives her permission. End quote from Sharh Muntaha al-Iraadaat (3/47). 

It says in al-Insaaf (8/362): She does not have to obey her parents if they tell her to leave her husband or visit them and so on, rather obeying her husband comes first. 

The Standing Committee for Issuing Fatwas was asked: What is the ruling on a woman going out of her husband’s house without his permission, and staying in her father’s house without her husband’s permission, and preferring to obey her parents rather than obeying her husband? 

They replied: It is not permissible for a woman to go out of her husband’s house without his permission, whether to go to her parents or anyone else, because that is one of her duties, unless there is a shar’i justification that makes it necessary for her to go out. 

End quote from Fataawa al-Lajnah al-Daa’imah (19/165). 

Another indication that it is essential to have the husband’s permission to visit her parents is the story of the slander (al-ifk) which is narrated in al-Saheehayn, in which ‘Aa’ishah (may Allaah be pleased with her) said to the Prophet (peace and blessings of Allaah be upon him): “Will you allow me to go to my parents?” 

Al-Bukhaari (4141), Muslim (2770) 

Al-‘Iraaqi said in Tarh al-Tathreeb (8/58): Her words, “Will you allow me to go to my parents?” indicate that the wife should not go to her parents’ house except with the permission of her husband, unlike her going out relieve herself, for which she does not need his permission, as is indicated in this hadeeth. End quote. 

Nevertheless, it is better for the husband to allow his wife to visit her parents and mahrams, and not to prevent her from doing so, unless there is some certain harm that may result from visiting one of them, because preventing her involves cutting off ties of kinship and not allowing her may make her go against him. And visiting her family and relatives will make her feel good and make her and her children happy, and all of that will bring benefits to the husband and the family. 

With regard to what is mentioned in the question about her going out with one of her daughters or sons, it should be noted here that in cases where it is required for a mahram to be present, it is not sufficient for there to be a small son or daughter present, rather there has to be a mahram present to achieve what is required by sharee’ah. 

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

The scholars have mentioned that one of the conditions of a mahram is that he should be an adult of sound mind. When a man reaches the age of fifteen or pubic hair has appeared, or semen is emitted when one has an erotic dream etc, then he has reached the age of puberty and he may be a mahram, if he is of sound mind…  

Fataawa ‘Ulama’ al-Balad al-Haraam, p. 1121. 

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

And Allaah knows best.

The one who causes the divorce of a woman

A man married without the knowledge of his parents and (first) wife, and they thought that the woman was not a Sunni, so his mother insisted that he should divorce her and she urged his father to force him to divorce her. So he divorced her in obedience to them. Then his mother regretted asking him to do that, and she is asking whether there is any sin on her and if so, what the kafaarah (expiation) is.

Praise be to Allaah.

According to the most correct opinion, it is not permissible to divorce a woman without a valid reason, because this is unjust to the woman and causes the blessing of marriage to be lost for no reason, and the break up of a family with which Allaah had blessed the sons of Adam, as Allaah says (interpretation of the meaning):

“And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]

Obedience to one's parents should only be with regard to things that are right and good, that Allaah and His Messenger love. It is not permissible to obey them with regard to something that Allaah and His Messenger have forbidden, as the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience to anyone if it involves disobedience towards Allaah; obedience is only with regard to what is right and good.” (Narrated by al-Bukhaari and Muslim from Ali, may Allaah be pleased with him).

And Allaah says (interpretation of the meaning);

“But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience” [Luqmaan 31:15]

No kafaarah is required from either the mother or the father, apart from tawbah (repentance) and istighfaar (seeking forgiveness); they should also try to put matters right and bring people together again. If they do this, they will have a reward (from Allaah). Allaah says (interpretation of the meaning):

“There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof (Islâmic Monotheism and all the good and righteous deeds which Allaah has ordained), or conciliation between mankind; and he who does this, seeking the good Pleasure of Allaah, We shall give him a great reward” [al-Nisa’ 4:114]

And Allaah knows best.

Thrice-divorced at one time

My friends husband was angery he prounounced "I divorce you" three times at the same time. He was suspicious of her. When he was leaving divorced her and at the same time he said if you only love me come back to me. My friend is so upset she does not know what to do. Is the divorce vaild. Please reply in details. May Allah bless you. Thankyou.

Praise be to Allaah.

A divorce (talaaq) uttered at a time of anger where a man has reached the point where he is not aware of what he is saying and thus may be classified as (temporarily) insane, does not count as divorce. But if he was aware of what he was saying, then it does count as divorce, and because he has divorced her three times, he cannot remarry her unless some else has married and divorced her.

But if he is uncertain as to whether he spoke the words of divorce or not, then this does not count as divorce, because the basic principle is that she is his wife and is not divorced unless it is certain.

The simple fact that a husband and wife love one another does not mean that he can go back to her after they are divorced.

And Allaah knows best.

A person said, “I don’t think my wife belongs to me”. Does this count as talaaq (divorce)?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied that this expression is not a clear statement of talaaq, so we would have to look at what he meant when he said it. And Allaah knows best.

She got divorced overseas and the divorce papers are not recognized by the official department

A moslimah married a moslem at a mosque in Germany.
Then she was divorced and got a paper certifying her divorce.
When she tried to marry again with another moslem in an arabic country, the marriage authority there did not accept the divorce-paper because it did not include the names Of two witnesses.
Now this mosque in germany does not exist any more.
The man she married and was divorced from him has travelled away and she does not know his adress.
Question: What can be done so that she can marry again?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

Yes, she can marry outside the Islamic centre, but the marriage has to be conducted on her behalf by her walee (guardian) (along with all the other conditions of nikaah – see Question #2127). The final condition is that her ‘iddah (waiting period following divorce) should have ended. And Allaah knows best.

He wrote a letter of divorce to his wife intending to send it at the end of the month

His wife insisted on divorce, and he told her “Think about it for one month.” But she did not change her mind, and she left. When the month was nearly over, he wrote a letter of divorce, intending to send it to her exactly at the end of the month. She got in touch with him one day before the end of the month and said, “I want to come back.” So did the divorce take place?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows:

The matter is according to his intention; if he intended divorce, then the divorce has happened. But it seems that he did not want the divorce to happen until the end of the month, so on this basis the divorce did not happen.

And Allaah knows best.

Its the responsibility of every Moslem in learning quran and read tajweed and we also have to teach our kids Quran and not only the Quran teaching we should let then be aware of the basic of Islam and why it was reviled you bet it was vituperated and truth teaching of holy Quran and with tajweed quran we read Quran we can understand better all the replies that are asked if we study koran from a qualified Quran tutor he will let you know verity heart of Islam and why koran was reviled for it we should gain the ability of the Book with there translation and the context of when those verses were reviled and why and that is only potential when we keep on with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is necessary to ask our self that why we all are here in the world to do good acts or to do bad human action to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the enquiry remains the exact same that the reasons why we are here in the world but if yes then whom we have to reply is there any Lord All these response exist when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our responsibility. We all must do quran memorization and listen to quran online when ever we have time to stay in touch

 

Does he have to marry his female relative whom he touched in a haraam manner?

I am in a horrible situation. I have commited a sin by touching a unmarried women in our relatives. I didn't had exual intercourse but I have touched this lady and she also touched me. Now since this lady is relative ( my mothers brothers daughter) I am scared that this lady will tell others. I have so far led my life as per islamic shariah and people respect me a lot. I am unmarried and I am going to get married to a pios muslimah. Should I am liable to marry this woman whom I have touched? I am very scared of this woman who is neighbour to my family. What should I do to get out of this situation? I know that I have commited a sin. I am preying allah to forgive my sin. I can't imagine marrying this women who always used tricks to attract me. Now I am trapped. Should I tell my parents about it? Do I need to tell the girl whom I am gonna marry about this? Can the girl whom I have touched force me to marry her by islamic law?

Praise be to Allaah.  

You have to ask Allaah for forgiveness and repent to Him for what you have done, and you have to resolve never to go back to that. The fact that you touched this woman does not mean that you are obliged to marry her; there is nothing in Islam that compels a sane adult to marry any woman whom he does not want to marry. No marriage is valid unless it meets the necessary conditions, one of which is the consent of the husband who is accountable.

 You do not have to tell your parents or the girl you are going to marry about what happened; rather you are obliged to conceal what you have done, and to repent, and this is between you and your Lord. The Prophet (peace and blessings of Allaah be upon him) said: “Avoid this filth that Allaah has forbidden. Whoever does any such thing, then let him conceal it with the concealment of Allaah.” (Narrated by al-Bayhaqi; classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, no. 663).

 “Filth” means evil actions and bad speech that Allaah has forbidden. Subul al-Salaam, 3/31

And Allaah knows best.

Ascendants and descendants of the couple acting as witnesses to their marriage

Is it permissible for the woman’s maternal or paternal grandfather to act as a witness to the marriage contract?.

Praise be to Allaah.

In order for the marriage contract to be valid, according to the majority of scholars it is essential that it be witnessed by two Muslim witnesses of good character. It is acceptable for the witness to be the woman’s grandfather on her mother’s or father’s side, according to the more correct opinion. 

Some of the fuqaha’ did not allow the ascendants or descendants of the couple or wali (guardian) to act as witnesses. 

It says in Kashshaaf al-Qinaa’ (5/66): The marriage contract cannot be valid if the witness is biased, such as the sons of the couple or the sons of one of them and the like, such as their fathers, or the son of one of them and the father of the other, because of the risk of bias. End quote.  

i.e., he may be suspected of being biased, because he is likely to testify in favour of his father or son. 

It says in Sharh al-Muntaha (2/648): The testimony of the wife’s father or grandfather concerning [the marriage contract] is not valid, nor that of her son or grandson. The same applies to the father, grandfather, son and grandson of the husband, because of the risk of bias. The same applies to the father and son of the wali. End quote.  

It says in al-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah (41/300), discussing the conditions of the two witnesses to marriage: The witnesses should not be sons of the couple. 

The Hanbalis stated – as al-Mardaawi said: That it is stipulated that neither of the two witnesses to marriage should be a son of one of the partners. So the marriage contract cannot be witnessed by sons of the couple or by the son of one of them. 

The same conclusion may be understood from the general views of the Hanafis and Maalikis, that the testimony of a father for his son cannot be accepted, or of a son for his father. 

The Shaafa’is have several views, the soundest of which is that the marriage contract is valid (when witnessed by the relatives discussed above). End quote.  

One report is narrated from Imam Ahmad (may Allaah have mercy on him) which says that the witness of ascendants and descendants is valid. This view was favoured by a number of his companions. Al-Insaaf (8/105). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The second view concerning this issue is that it is valid for the witnesses or one of them to be one of the ascendants or descendants. This is undoubtedly the correct view, because the testimony of ascendants and descendants is not allowed when it is testimony in favour of a person, because of the risk of bias. But when it is testimony for or against him, as is the case with a marriage contract, it is not disallowed. 

The marriage contract in fact is not exclusively about rights for the husband or wife, nor is it exclusively about duties, rather it includes both rights and duties for the one who enters into it. So the correct view is that the contract is valid. This was also narrated from Ahmad (may Allaah have mercy on him) and was favoured by many of our companions. End quote from al-Sharh al-Mumti’ (12/99), 

And Allaah knows best.

She got married without a dowry and without witnesses, and he is refusing to take her to his country

Im a muslima who live in japan. And I got married Saudi man who has wife and children in Saudi Arabia. He came here for project and he’ll be leave soon. We married without any witness and he didn’t give me mahr. Sometimes he gave me gift. I was beginner in islam. And his first wife doesn’t know about that we married here. Now on I ask him to take me to Saudi Arabia or other country around Saudi Arabia. But he told me it’s impossible. And doesn’t want my family knows what I did with you. I am really got suffering from this. He always talks to me ‘we don’t know what will be happen and I can’t make sure for future with you” What is the mean of that? What can I ask for my right to him?.

Praise be to Allaah.

Firstly: 

There are essential pillars and conditions for marriage which must be met. That includes the guardian of the woman and two witnesses. If there is no guardian, two witnesses and publicising of the marriage among the people, then it is not valid. 

If only the guardian is missing, then it is not valid according to the majority of scholars, but it is valid according to some fuqaha’. 

If there are no witnesses, but it is publicised among people, this announcement is sufficient according to some scholars. 

The guardian of a Muslim woman must be a Muslim. Her guardian may be her son if she has one, then her father, then her grandfather, then her brother, and so on among her relatives on the father's side, the closest then the next closest. If she has no Muslim guardian, the Muslim judge may conduct her marriage if there is one, otherwise the head of the Islamic centre and the like may conduct her marriage, or a man of good character among the Muslims may conduct her marriage with her consent. 

The woman must have a dowry even if it is little. If the dowry is not mentioned in the marriage contract, the marriage is valid and she is entitled to a dowry like that of her peers, meaning that she is to be awarded a dowry that is equal to the dowry of her peers among women in her country. 

Whether your marriage is valid or invalid, the dowry is your right and if you have a child he is to be attributed to his father. 

In the event that the marriage is invalid because there was no guardian or witnesses or announcement, you have to keep away from this husband until a new and valid marriage contract is done. In that case the marriage must be documented and registered in the Saudi embassy in your country, so as to guarantee your rights and the rights of your children in the future. 

Secondly: 

The husband is obliged to provide suitable accommodation for his wife and to spend on what she needs. He does not have the right to leave her in a country where she is not safe, and he does not have the right to be away from her for more than six months except with her consent. If he has finished with the purpose for which he came to the country in which he got married, whether it was business or study or anything else, and he wants to go back to his original country, then he must take his wife with him and at least provide her with accommodation in another city, other than the city in which his first wife lives, until he has the chance to tell his first his first wife about his new wife. 

If he refuses to give her her rights or take her with him, and he wants to leave her in her country where he married her – for longer than the period that we have mentioned -- and she does not agree to that, then she has the right to ask for divorce. 

What we advise Muslim women who live in countries like yours and what we advise their guardians also, is not to rush to do and take their time before agreeing to any marriage, and to find out precise details about the situation of any stranger who wants to marry their daughters and is living in their countries for any purpose, whether it is for study or business or tourism and so on. Many of these people, very many, are not serious about marriage and they do not want to take a solemn covenant on which to build a family; rather all they care about is fulfilling their desire right now, then when they have finished with their business they leave the country and they leave behind a wife and maybe children too, if they have children. “and Allaah will inform them of what they used to do” [al-Maa’idah 5:14]. 

And Allaah knows best.

Could he be a wali (guardian) to the daughter of his wife who was born as a result of an illegitimate relationship?

I'm married to a woman who has a daughter from a previous marriage and she lives with us. Her daughter is from zina which I think is important to note. Am I her wali? Am I the one who gives her away to a husband? I've heard the hadith about how daughters will be a shield for they're father from the Fire on the Day of Judgement. Do I qualify for that benefit?.

Praise be to Allaah.

Firstly: 

A child born as a result of zina (illicit relationship) is not to be named after the zaani (the man who committed zina), as previously explained in the answer to question no. 117 

So this daughter is like one who has no relatives on the father's side and has no wali for marriage among her relatives, so her wali is the Muslim ruler – if she is living in a Muslim country. This is indicated by the report narrated by Abu Dawood (2083) and al-Tirmidhi (1102), according to which the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the wali of the one who has no wali.” Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840 

If she is in a non-Muslim country, the director of the Islamic Centre takes the place of the Muslim ruler, so he is her wali for marriage. 

For more information, please see the answer to question no. 144712. 

Some scholars – such as Imam Abu Haneefah (may Allah have mercy on him) – give precedence to relatives on the mother's side over the ruler with regard to guardianship, such as the maternal uncle or grandfather, because they are closer and more compassionate than the ruler. 

As for the husband of the mother, he cannot be a wali for the girl in marriage, because he is not one of her male relatives on the father's side or other relatives. 

Secondly: 

With regard to your saying: “I’ve heard the hadeeth about how daughters will be a shield for their father from the Fire on the Day of Judgement”, 

It was narrated from the Prophet (blessings and peace of Allah be upon him) that children who die when young will intercede for their parents on the Day of Resurrections. 

For more information please see the answer to question no. 159942. 

This daughter is not your child, so it is not permissible for her to be named after you. 

But you will be rewarded, in sha Allah, for bringing her up, spending on her and looking after her affairs. Allah, may He be glorified and exalted, say (interpretation of the meaning):

“So whosoever does good equal to the weight of an atom (or a small ant) shall see it.

8. And whosoever does evil equal to the weight of an atom (or a small ant) shall see it”

[al-Zalzalah 99:7-8]. 

And Allah knows best.

She was a Raafidi, then Allah blessed her with guidance but her family will not let her marry a Sunni man

I am a 32-year-old woman and I have not been married before. Now a righteous man has come to propose to me, but my family are rejecting this man because he is Sunni. Please note that my family are Shi’ah, but I have been a Sunni since a young age. Is it permissible for me to marry without the approval of my family or my mother?.

Praise be to Allaah.

Firstly: 

We praise Allah for having brought you out from darkness to light and having guided you to the truth. This is a great blessing, so strive to give thanks for it by adhering to it, calling others to it and appreciating it. 

Secondly: 

A woman does not have the right to give herself in marriage. Rather it is essential that she be given in marriage by her guardian; otherwise her marriage contract is invalid. This is the view of the majority of scholars, and indeed no difference of opinion concerning that is known among the Sahaabah (may Allah be pleased with them). 

If the situation is as you say, and there is no one of your family who is following the correct beliefs, and your family believe that the Qur'aan is distorted, that the Sahaabah are disbelievers and their imams are infallible, and they slander ‘Aa’ishah and follow other beliefs that constitute kufr, and they refuse to let you marry a righteous man who is a Sunni, then their guardianship of you is waived, because of the difference in religion between you and them on the one hand, and their preventing you from marrying a compatible suitor on the other. Either one of these reasons is sufficient to waive their guardianship of you with regard to your marriage. 

Based on that, you can get married without their consent. Refer your case to the shar’i judge so that he may arrange your marriage. If there is no shar’i judge, then a man of good character among the Muslims in your country, who has some standing and position of authority over the Muslims, may arrange your marriage. 

We have discussed that in the answer to question number 7989. 

And Allah knows best.

Are there any saheeh ahaadeeth which speak of the ransoming of the living and the dead during Ramadaan?

I heard from someone that Allaah ransoms just one of the dead Muslims every night, and that He does not ransom any of the living except on the last night of Ramadaan, when He ransoms the same number as the number of dead whom He ransomed during the month. Is this true?.

Praise be to Allaah.  

After researching the matter, we did not find any ahaadeeth which say such a thing. 

There are ahaadeeth which say that Allaah ransoms people from the Fire during Ramadaan, and that happens every night. 

Some of these ahaadeeth are saheeh (sound), some are da’eef (weak),  and some are mawdoo’ (fabricated). 

Among the saheeh ahaadeeth which speak of that are the following: 

1 – It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When the first night of Ramadaan comes, the devils and mischievous jinn are chained up, and the gates of Hell are closed, and none of its gates are opened. The gates of Paradise are opened and none of its gates are closed. And a caller cries out: ‘O seeker of good, proceed; O seeker of evil, desist.’ And Allaah has people whom He frees (from the Fire), and that happens every day.” 

Narrated by al-Tirmidhi, 682; Ibn Maajah, 1642; classed as hasan by Shaykh al-Albaani in Saheeh al-Jaami’, 759. 

2 – It was narrated that Jaabir (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “At every breaking of the fast Allaah has people whom He redeems from the Fire, and that happens every night.”

Narrated by Ahmad, 21698; Ibn Maajah, 1643; classed as saheeh by Shaykh al-Albaani in Saheeh Ibn Maajah. 

The da’eef (weak) and mawdoo’ (fabricated) ahaadeeth that have been narrated on this topic include the following: 

1 – The report narrated from Abu Hurayrah (may Allaah be pleased with him), according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When the first night of Ramadaan comes, Allaah looks at His creation, and if Allaah looks at a person He will never punish him. And every day Allaah has one thousand thousand whom He ransoms from the Fire. On the twenty-ninth night Allaah ransoms a number equivalent to the number whom He has already ransomed during the entire month.” 

This is a mawdoo’ hadeeth. See Da’eef al-Targheeb, 591 and al-Silsilah al-Da’eefah, 5468. 

2 – It was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Paradise is scented with incense and adorned throughout the year, in preparation for the beginning of the month of Ramadaan. On the first night of the month of Ramadaan, a wind called al-matheerah comes from beneath the Throne… And on each day of the month of Ramadaan at the time of breaking the fast, Allaah has one thousand thousand whom He ransoms from the Fire, all of whom deserved to go to Hell. And on the last day of the month of Ramadaan, Allaah ransoms on that day a number equivalent to all those whom He ransomed from the beginning of the month to the end. 

This is a mawdoo’ hadeeth. See Da’eef al-Targheeb, 594. 

3 – It was narrated that al-Hasan said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Every night of Ramadaan Allaah has six hundred thousand whom He ransoms from the Fire. And on the last night Allaah ransoms a number equivalent to those whom He has already ransomed.”  

This is a da’eef hadeeth. See Da’eef al-Targheeb, 598.

Ruling on sleeping after ‘Asr

What is the status of the hadeeth, “Whoever sleeps after ‘Asr and loses his mind has no one to blame except himself”?

Praise be to Allaah.

This hadeeth is da’eef jiddan (very weak). 

See al-Maqdoo’aat by Ibn al-Jawzi, 3/69; al-La’aali’ al-Masnoo’ah by al-Suyooti, 2/279; Tarteeb al-Mawdoo’aat by al-Dhahabi, 839

The report which says one should say “ Wa ana ‘ala dhaalika min al-shaahideen (And I am one of those who testify to that)” after reciting Soorat al-Teen is da’eef (weak)

Assalaamu 'alaykum wa rahmatu 'Llahi wa barakatuh
Is there a hadith that mentions after reciting the last ayah of surah At-Tin (#95) that one should say what means,"No doubt and I testify to it." Is that hadith authentic and where can I find it ?
Jazzakallahu Khayrun

Praise be to Allaah.

Al-Tirmidhi, may Allaah have mercy on him, said in his Sunan: “Ibn Abi ‘Umar told us, Sufyaan told us from Ismaa’eel ibn Umayyah who said: ‘I heard a Bedouin Arab man say, “I heard Abu Hurayrah say, narrating this, ‘Whoever recites “Wa’l-teeni wa’l-zaytoon (By the fig, and the olive)” [al-Teen 95:1 – interpretation of the meaning] then recites “Alaysa Allaahu bi ahkam il haakimeen (Is not Allaah the Best of judges?)” [al-Teen 95:8 – interpretation of the meaning], let him say, “Balaa wa ana ‘ala dhaalika min al-shaahideen (Yes indeed, and I am one of those who testify to that).”’”’” Abu ‘Eesa said: “This hadeeth was narrated with this isnaad from this Bedouin from Abu Hurayrah, but his name is not given.” Thus al-Tirmidhi (may Allaah have mercy on him) explained the fault in this isnaad, which is the fact that this Bedouin is not known (jahaalah). On this basis, the isnaad is da’eef (weak), and the hadeeth is not saheeh. Abu Dawood (may Allaah have mercy on him) also narrated this report (753) from the same Bedouin. Al-‘Allaamah al-Albaani also classed the hadeeth as da’eef in his book Da’eef al-Jaami’, no. 5784. As the hadeeth is not proven, we cannot follow it. And Allaah knows best.

“Satanic verses”

In setanic verses by salman rushdi, he talks about some ayat of Quran those were revealed in order to accept three of the most popular gods of the that time in mecca as to be superior or heavenly beings like angels or the god. Later on, those ayat were cancelled and it was said that those were not revealed through gibrail rather it was iblis(satan) who made up those ayat and the prophet(peace be upon him) at that time was not aware of it. How true is this? If there is some truth in this then please specify how much and I would appreciate a real story as to what really happened.

Praise be to Allaah. 

This is based on a false report. Ibn Katheer and others said:

 There is no saheeh isnaad from the Prophet (peace and blessings of Allaah be upon him) concerning this report, which says that the Prophet (peace and blessings of Allaah be upon him) “recited Soorat al-Najm to the mushrikeen until he reached the verses (interpretation of the meaning) ‘Have you then considered Al-Laat, and Al-‘Uzzaa (two idols of the pagan Arabs), And Manaat (another idol of the pagan Arabs), the other third?’ [al-Najm 53:19-20 – interpretation of the meaning]. Then the Shaytaan put words into the mouth of the Prophet (peace and blessings of Allaah be upon him) and he said: ‘they are the exalted gharaneeq, whose intercession is to be hoped  for.’ The kuffaar were pleased with this praise of their three idols, so they prostrated.”

 This report is undoubtedly false on a number of counts.

 1.     Its isnaad is very weak and is not saheeh.

2.     The Prophet (peace and blessings of Allaah be upon him) was infallible with regard to the conveying of his Message.

3.     Even if this report was saheeh, for argument’s sake, the scholars have stated that it is to be understood as meaning that the Shaytaan caused the kuffaar to hear these words, not that he put them in the mouth of the Prophet (peace and blessings of Allaah be upon him), so they heard them from him.

How sound is the hadeeth about the parents of the Prophet (peace and blessings of Allaah be upon him) being brought back to life?

How sound is the hadeeth which says that the mother of the Prophet Muhammad (peace and blessings of Allaah be upon him) was brought back to life and believed in him, then she died?.

Praise be to Allaah.

There is no saheeh hadeeth which says that Allaah, may He be exalted, brought the parents of the Prophet (peace and blessings of Allaah be upon him) back to life, and that they believed in him then died. Rather the saheeh ahaadeeth that have been narrated indicated that they died in kufr and that they are among the people of Hell. 

It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I asked my Lord for permission to pray for forgiveness for my mother, but He did not give me permission; I asked Him for permission to visit her grave, and He gave me permission.” Narrated by Muslim, 976. 

It was narrated from Anas ibn Maalik (may Allaah be pleased with him) that a man said: “O Messenger of Allaah, where is my father?” He said: “In the Fire.” When he turned away, he called him back and said: “My father and your father are in the Fire.” Narrated by Muslim, 203. 

Another indication that these ahaadeeth are not saheeh is the fact that if this had indeed happened, it would have been well-known, because it would be one of the great signs of Allaah, and there would be strong motives for transmitting it. 

The scholars have ruled that these ahaadeeth are fabricated and false. 

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) led us on Hajj during the Farewell Pilgrimage and he passed by me at ‘Aqabat al-Hujoon and he was distressed and weeping. I wept because the Messenger of Allaah (peace and blessings of Allaah be upon him) was weeping, then he dismounted and said: “O Humayra’, hold the camel.” He stayed away from me for a long time, then he came back to me and he was smiling joyfully. I said to him: “May my father and mother be sacrificed for you, O Messenger of Allaah. You left me and you were grieving, and I wept because you were weeping, then you came back to me smiling joyfully. Why is that, O Messenger of Allaah?” He said: “I went to the grave of my mother Aaminah and asked Allaah to bring her back to life, so He brought her back to life, then she believed in me, then Allaah sent her back.” 

This was narrated by Ibn Shaheen in al-Naasikh wa’l-Mansookh, and by al-Khateeb al-Baghdaadi in al-Saabiq wa’l-Laahiq – as stated by al-Suyooti in al-Haawi, 2/440 

Ibn al-Jawzi said: 

This is undoubtedly a fabricated (mawdoo’) hadeeth, and the one who fabricated it has little understanding and is lacking in knowledge. If he had any knowledge he would have known that whoever dies as a kaafir, it will not benefit him to believe after being brought back to life. Even if he believes when he sees (the truth) with his own eyes, it will not benefit him.  

It is sufficient to refute this hadeeth by remembering the words of Allaah, may He be exalted, in the verse (interpretation of the meaning): “and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever” [al-Baqarah 2:217]. And the Prophet (peace and blessings of Allaah be upon him) said: “I asked my Lord for permission to pray for forgiveness for my mother, but He did not give me permission.” Some people used to fabricate ahaadeeth and insert them into the books of the negligent, who would then narrate them. Our Shaykh, Abu’l-Fadl ibn Naasir, said: This is a fabricated hadeeth. The mother of the Messenger of Allaah (peace and blessings of Allaah be upon him) died in al-Abwa’, between Makkah and Madeenah, and was buried there, not in al-Hajoon. End quote. 

Al-Mawdoo’aat, 1/283 

Al-Hajoon is a place in Makkah. 

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

With regard to the hadeeth mentioned by al-Suhayli, in its isnaad he mentioned men who are unknown (majhool) until it reaches Abu’l-Zanaad from ‘Urwah from ‘Aa’ishah (may Allaah be pleased with her), that the Messenger of Allaah (peace and blessings of Allaah be upon him) asked his Lord to bring his parents back to life, so He brought them back to life and they believed in him – this is a very false hadeeth (munkar jiddan). Even though it is possible and within the powers of Allaah, what is proven in the sound ahaadeeth contradicts it. End quote. 

Al-Bidaayah, 2/261 

Mulla ‘Ali al-Qaari says concerning this hadeeth: 

It is mawdoo’ (fabricated), as Ibn Dihyah said; I have written a separate chapter concerning this matter. End quote. 

Al-Asraar al-Marfoo’ah fi’l-Akhbaar al-Mawdoo’ah, p. 83. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked: Is there any saheeh report from the Prophet (peace and blessings of Allaah be upon him) which says that Allaah, may He be blessed and exalted, brought his parents back to life so that they could become Muslim at his hands, then they died after that? 

He replied: 

None of the scholars of hadeeth classed any such report as saheeh, rather the people of knowledge are unanimously agreed that that is a fabricated lie. Although Abu Bakr al-Khateeb narrated something concerning that in his book al-Saabiq wa’l-Laahiq, and it was mentioned by Abu’l-Qaasim al-Suhayli in Sharh al-Seerah with an isnaad that contains unknown men (majhool), and it was mentioned by Abu ‘Abd-Allaah al-Qurtubi in al-Tadhkirah and elsewhere, there is no dispute among the scholars that it is one of the most obviously false of fabricated reports, as the scholars have stated. It is not to be found in any of the reliable books of hadeeth, neither in al-Saheeh or al-Sunan or al-Musnad, or other well-known books of hadeeth. It was not mentioned by the authors of books of Maghaazi and Tafseer, even though they used to narrate da’eef (weak) reports along with saheeh ones, because it is obvious to any religiously-committed person that this is a lie. If such a thing had happened it would have received a great deal of attention and there would have been strong motives for transmitting it, for it would have been one of the most extraordinary events in two ways: the revival of the dead, and belief after death. So it would have deserved to be transmitted more than other reports, but because it was not transmitted by any of the trustworthy narrators, it is obviously a lie. 

Moreover this goes against the Qur’aan and saheeh Sunnah, as well as scholarly consensus. Allaah says (interpretation of the meaning): 

“Allaah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon afterwards; it is they whom Allaah will forgive and Allaah is Ever All‑Knower, All‑Wise”

[al-Nisa’ 4:17] 

“And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and he says: ‘Now I repent’; nor of those who die while they are disbelievers”

[al-Nisa’ 4:18] 

Allaah states that there is no repentance for the one who dies a kaafir: 

“Then their Faith (in Islamic Monotheism) could not avail them when they saw Our punishment. (Like) this has been the way of Allaah in dealing with His slaves. And there the disbelievers lost utterly (when Our Torment covered them)”

[Ghaafir 40:85] 

Allaah tells us that His way in dealing with His slaves is that faith will be to no avail after they have seen His punishment, so how about after death? And there are similar texts. 

End quote from Majmoo’ al-Fataawa, 4/325 

Some of the Sufis cannot verify these ahaadeeth according to the principles of hadeeth, so they verify them according to inspiration! 

Al-Bayjoori says: 

Perhaps this hadeeth – the hadeeh about the parents of the Prophet (peace and blessings of Allaah be upon him) being brought back to life and believing in him and then dying – is saheeh according to the holy men by means of inspiration.” End quote. 

Jawharat al-Tawheed, p. 30 

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

Most of these people, if they are confronted with the falseness of what they are saying, say something like the Christians do: This is a matter that is above reason! Some of them say: Things that go against common sense are proven to us by means of inspiration. End quote.

 Al-Jawaab al-Saheeh, 2/92 

And Allaah knows best.