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Marriage Fiqh

Marriage Fiqh


The basic element or brick of human society is home.Home is based on legal marriage.Islam gives too much importance to institute of marriage.There are some important issues which must be taken into account by the families and couples who are going to start a new life.

From the Pen of Allama Ibtisam Elahi Zaheer

[1] Importance of Marriage
[2] A man cannot marry his mehrams or cannot take two sisters in one Nikah
[3] Consent of Wali or Guardian is very important
[4] Women cannot be forced for Nikah
[5] No requirement of wali for revert migrant Muslim woman
[6] At least two witnesses are required for Marriage/Nikah
[7] Mehar is an obligation
[8] Who Muslim can Marry and Who Muslim can not Marry
[9] Age is not an issue in Marriage
[10] There is no harm in Polygamy
[11] Temporary marriage or Mutah is not allowed in Islam
[12] A sister cannot be married against wife [as Mehar] (Shighar is not permitted)

Book on “Marriage fiqh” including following
By  Noble Shaykh Abu 'Abdullaah Muhammad ibn al 'Uthaymeen

[1] Marriage Fiqh in detail
Islamic Guide on Sexual Relations
[1] Islamic guide on Sexual Relation

Islamic Guide on Sexual Relations

Sexual Relations are a major factor in many successful and unsuccessful marriage life between a Husband and Wife, If we know the rulings on different sexuality issues, there would be a Great Marriage life, Insha-Allah



Rulings on different issues have been mentioned in ...this Book, IA
kissing and foreplay
Masturbation
best times
Helpful tips

Login with facebook there, then you can also download this Book, Insha-Allah !

Marriage Fiqh: Adult Only on [Islamic Ruling few Issues]


1/ Practicing anal sex with wives is a grave sin

Having sexual intercourse with wife in her anus is one of the great deadly sins, as it contradicts Allah's saying: Your wives are a tilth for you, so go to your tilth, when or how you will The place of tilth is the front private part. The Prophet (peace and blessings be upon him) said: He who has sexual intercourse with his wife through her anus is accursed. Yet, anyone who repents, Allah will accept his repentance. By doing this act, a woman is not divorced but both of the husband and the wife have to sincerely repent. Allah (Glorified and Exalted be He) says: And all of you beg Allâh to forgive you all, O believers, that you may be successful The Prophet (peace and blessings be upon him) said: Repentance wipes out all the previous misdeeds. The Prophet (peace and blessings be upon him) said: He who repents from his sins is like the one who did not commit a sin. May Allah grant us success!
[LINK]


2/ Regarding oral sex

Response: I will respond to the likes of this question by saying:

This is from the actions of some of the animals such as the dogs.

We have a general principle, and that is the Messenger (sal-Allaahu 'alayhe wa sallam) forbade (us from) resembling the animals in other than what we are talking about (oral sex); Such as his forbidding the placing of the knees on the ground before the hands (when going into sujood) just as the camel[1] does; And looking around (in the salaah) like a fox[2]; And pecking (in the rukoo' and the sujood) like a crow[3].

And since it is also known that the Prophet (sal-Allaahu 'alayhe wa sallam) forbade (us from) resembling the disbelievers, then it is understood from this to be a prohibition; Also affirming the prohibition in what has preceded regarding the resembling of animals, especially since that which is known about them is their filthy nature; So, with regard to this action (oral sex), the Muslim must be far above and removed from resembling the animals.

Shaykh al-Albaanee
al-Fataawa al-Muhimmah - Page 709
Response 2: Scientific response on oral sex

http://www.breitbart.com/news/2005/11/16/051116213750.jnfvcpbv.html

Certain cases of mouth cancer appear to be caused by a virus that can be contracted during oral sex, media reported, quoting a new Swedish study.

People who contract a high-risk variety of the human papilloma virus, HPV, during oral sex are more likely to fall ill with mouth cancer, according to a study conducted at the Malmo University Faculty of Odontology in southern Sweden.

"You should avoid having oral sex," dentist and researcher Kerstin Rosenquist, who headed the study, told Swedish news agency TT.

HPV is a wart virus that causes many cervical cancers, including endometrial cancer (in the uterus).

Comparing 132 patients with mouth cancer with a control group of 320 healthy people, Rosenquist found that 36 percent of the cancer patients were carriers of HPV while only one percent of the control group had the virus.

The main factors that contribute to mouth cancer, most commonly contracted by middle aged and older men, are smoking and drinking alcohol, scientists agree.

"But in recent years the illness has been on the rise among young individuals and we don't know why. But one could speculate that this virus (HPV) is one of the factors," Rosenquist said.

Her findings confirm other international studies in recent years.


3/ The Ruling Regarding Masturbation


Onanism is masturbation with the hand - which is prohibited; It is obligatory upon all Muslims to take precaution against it, because doing it is contrary to the statement of Allaah ('Azza wa Jall):

{And those who guard their chastity (i.e. private parts, from illegal sexual acts). Except from their wives or (the slaves) that their right hands possess, – for then, they are free from blame; But whoever seeks beyond that, then those are the transgressors}, [Soorah al-Mu.minoon, Aayahs 5-7]

In addition to that which exists in masturbation of much [health-related] harm.

And Allaah is the Expounder of All Success.

Shaykh Ibn 'Uthaymeen
I'laam al-Mu'aasireen bi-Fataawa Ibn 'Uthaymeen - Page 184



4/ Expiation for haraam sexual activity
According to a report narrated by ‘Abd-Allaah, a man came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I fondled a woman in the furthest outskirts of Madeenah but I did not actually have intercourse with her. Here I am, judge me as you wish.” ‘Umar said to him: “Allaah had covered you, you should have covered yourself (i.e., you should not have spoken of it).” The Prophet (peace and blessings of Allaah be upon him) did not reply at all, so the man got up and left. The Prophet (peace and blessings of Allaah be upon him) sent a man to follow him, call him and recite to him the aayah (interpretation of the meaning): “And perform al-salaah at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds (i.e., small sins). That is a reminder (advice) for the mindful (those who accept advice).” [Hood 11:114]. A man who was present said: “O Prophet of Allaah, is this just for him?” He said, “No, it is for all the people.” (Reported by Muslim, 4964).

Marriage Fiqh: Birth control



Birth control > The Council of Senior Scholars decision no. 42

Abstract of the decree of the Council of Senior Scholars number 42 dated 13/4/1396 A.H.

Since the Islamic Shari`ah (Islamic law) encourages birth increase as a great blessing bestowed by Allah upon His Servants, many Shar`i texts in the Book of Allah and the Sunnah of His Messenger corroborate this principle. In this respect, research was submitted to the Permanent Committee of Scholarly Research and Ifta', as the call to birth control and contraception contradicts with human nature upon which Allah has created His Servants and opposes the Shari`ah which He (Exalted be He) has approved for them. Also, knowing that the advocates of birth control and contraception drive at plotting against Muslims in general and Arab Muslim nations in particular in order to colonize their countries and people, and realizing the fact that doing this is considered an act of Jahiliyyah (pre-Islamic time of ignorance) involving distrust in Allah and weakening the Islamic social structure; the Council has decided that it is not permissible by any means to control birth or practice contraception for fear of poverty. But on the other hand, if contraception is practiced for a genuine necessity like the inability of a woman to give normal birth or having to undergo cesarean for delivery, or if birth control is decided for a benefit seen by the spouses; in this case there is no harm in practicing birth control in accordance with the authentic Hadith and reports narrated by a group of the Sahabah (Companions of the Prophet)


(may Allah be pleased with them) concerning the permissibility of coitus interruptus. This also conforms to the declaration of some scholars regarding the permissibility of taking medication to abort within the initial forty day period. Rather, it becomes obligatory to use contraception in cases where there is a certain need for that.


The Secretariat-General of the Council of Senior Scholars




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Read more in detail about Birth Control and Islamic Ruling Here

Marriage Fiqh: Shari`ah on way of divorcing a wife and making her lawful again to the ex-husband


What is the Shar`y (Islamically lawful) Tahlil (a marriage contracted for the sole purpose of legalizing remarriage between an irrevocably divorced couple)? For instance, Zayd divorces Safiyyah, and wants to have her married to another man in order to remarry her. Safiyyah gets married to `Amr who suffers from premature ejaculation. A few days after getting married to Safiyyah,`Amr divorces her. Now, she wants to return to her ex-husband, i.e. Zayd, is this permissible? Please clarify the matter to me, and mention the Shar`y way of divorce. If Zayd wants to divorce his wife, what should he do?

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Fatwa no. 10726

Firstly
, if a man marries an irrevocably divorced woman for the sole purpose of making her lawful for her ex-husband to remarry, or if he intends to do so, or if they agree upon it, the contract is Batil (null and void) and the marriage is invalid.

Secondly, Imam Ahmad and Al-Tirmidhy reported on the authority of Abu Hurayrah (may Allah be pleased with him) that:
The Prophet (peace be upon him) said,
"Curse be upon the one who marries a divorced woman with the intention of making her lawful for her ex-husband and the one for whom she is made lawful (ex-husband). "

Al-Tirmidhy said that he asked Muhammad ibn Isma`il about this Hadith and he said it is Hadith Hasan (a Hadith whose chain of narration contains a narrator with weak exactitude, but is free from eccentricity or blemish).

Thirdly, Imam Ahmad and Al-Tirmidhy also reported on the authority of `Abdullah ibn Mas`ud (may Allah be pleased with him) that:

The Messenger of Allah (peace be upon him) cursed both Al-Muhallil (a man who temporarily marries a woman divorced thrice to make her lawful to her former husband) and the one (the first husband) for whom the unlawful act of taking back his wife after divorcing her thrice is rendered lawful (through this marriage).  

Al-Tirmidhy said the Hadith is Hasan and Sahih (authentic).

Fourthly, if a man marries a woman, after her being divorced and after the end of her `Iddah (woman's prescribed waiting period after divorce) for the sake of desiring her, and the second husband had intercourse with her, and there was no condition or intention of Tahlil then the second husband divorces her, she will be permitted to remarry her first husband.

`Aishah (may Allah be pleased with her) narrated that:'

The Messenger of Allah (peace be upon him) was asked about a man who divorces his wife three times, and she marries another who entered upon her, but divorces her before having intercourse with her, whether she will be lawful for the former husband. She said: The Prophet (peace be upon him) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey (consummate their marriage).

(Reported by Al-Bukhari and Muslim and Ahl-ul-Sunan (authors of Hadith compilations classified by jurisprudential themes)). The wording is for Abu Dawud.

May Allah grant us success! May peace and blessings be upon our Prophet, his family and Companions.

The Permanent Committee for Scholarly Research and Ifta'
[Fatwaa Link]



Marriage Fiqh: is it permissible for a woman to go out with her fiancé prior to contracting marriage or Nikah?


Q: is it permissible for a woman to go out with her fiancé prior to contracting marriage?


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A: It is impermissible for a woman to go out with her fiancé prior to contracting the marriage without a Mahram (unmarriageable relative) being with them. Actually, it may lead to committing sins and evil consequences.


May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family and Companions!

 Permanent Committee for Scholarly Research and Ifta' [Saudi Arabia]

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[Read Surah Al-Nur]





Marriage Fiqh:Is it permissible for me to marry when my father is still my breadwinner, or have I to maintain myself?

Q: I am a nineteen-year-old young man, and I am a first-year student of Shari`ah (Islamic law). I have no job, and my father maintains me. As you know, we live in an age of Fitnah (temptation). Is it permissible for me to marry as long as my father is maintaining me? I want to get married to keep myself chaste. Can I do this, or should I wait until I finish my studies? Is it obligatory for me to pay for my family on my own? Please advise, and many thanks to you. 

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Answer:
A: marriage is a Sunnah (commendable act) of the messengers. The Prophet (peace be upon him) has urged the youth to marry as soon as they can afford marriage, by saying: O young people! Whoever among you is able to marry should do so; and whoever is not able to marry is recommended to observe Sawm (Fast), for Sawm would limit his sexual urge. As your father will help you in the costs of
marriage, this is considered facilitation granted to you from Allah (Exalted be He). May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions! 

 Permanent Committee for Scholarly Research and Ifta' [Saudi Arabia]
[Fatwaa Link]





Marriage Fiqh: A sister cannot be married against wife [as Mehar] (Shighar is not permitted)


In some tribal areas of Indo pak, Afghanistan and Arabia, some times a sister is married with brother of wife without paying mehar this is known as Nikah of Shighar.

This is a very bad tradition and it increases the chances of divorce and domestic voilence. Rasool salal laho aliehi waslam has banned it.

Now a man cannot marry her sister or daughter with his brother in law without mehar. He can however marry her with his brother in law without setting any link of this marriage with his own marriage.


Marriage Fiqh: Temporary marriage or Mutah is not allowed in Islam:


There is no concept of temporary marriage in Islam.It has been mentioned in many hadiths of Rasool salal laho aliehi wasalam.
Some of them are as follows:

"Rabi' b. Sabra reported that his father went on an expedition with Allah's Messenger (may peace be upon him) during the Victory of Mecca, and we stayed there for fifteen days (i. e. for thirteen full days and a day and a night), and Allah's Messenger (may peace be upon him) permitted us to contract temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us had a cloaks, My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came across a young woman like a young smart long-necked she-camel. We said: Is it possible that one of us may contract temporary marriage with you? She said: What will you give me as a dower? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice: There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until Allah's Messenger (may peace be upon him) declared it forbidden. (Sahih Muslim, Book 8, Number 3253)
 
Narrated 'Ali: "I said to Ibn 'Abbas, 'During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a [Temporary Marriage in English] and the eating of donkey's meat.' (Sahih Bukhari, Wedlock, Marriage (Nikaah), Volume 7, Book 62, Number 50)
 
Narrated Jabir bin 'Abdullah and Salama bin Al-Akwa': "While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)." (Sahih Bukhari, Wedlock, Marriage (Nikaah), Volume 7, Book 62, Number 52)"
 
Narrated Saburah ibn Ma'bad al-Juhani: "The Apostle of Allah (peace_be_upon_him) prohibited temporary marriage with women. (Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2068)"

 
From all the above mentioned hadiths it is clear that temporary marriages were declared haram by Rasool salal laho aliehi wasalam.And although they were initially halal but this cannot be an evidence for their permission because when prophet salal laho aliehi wasalam had declared it haram and cancelled its previous permission how can it be legal now.?







Marriage Fiqh: There is no harm in Polygamy:


It is allowed for Muslim men that they can have more than 1 wives and they can marry upto four provided that they do justice with all of them.Allah swt says in Holy Quran:


Marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice. (An-Nisa 4:3)


Justice is an obligation on Muslim men and they will be accountable before Allah swt if they do injustice .But this has to be kept in mind that Quantitative justice is more important than qualitative justice which means a man must try to distribute his resources and time equally among his wives but if he has more love for one among them he will not be accountable for it.

Allah swt says in Holy Quran:

You will never be able to do perfect justice between wives even if it is your ardent desire, so do not incline too much to one of them (by giving her more of your time and provision) so as to leave the other hanging (i.e. neither divorced nor married). And if you do justice, and do all that is right and fear Allâh by keeping away from all that is wrong, then Allâh is Ever Oft¬Forgiving, Most Merciful. (An-Nisa 4:129)


Allah swt says in Holy Quran:


And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. And human inner-selves are swayed by greed. But if you do good and keep away from evil, verily, Allâh is Ever Well¬Acquainted with what you do. (An-Nisa 4:128)

So the summary of above discussion is that a man can marry more than one woman provided that he does justice with all of them.And if he finds himself weak to do justice than he can look after only one to avoid wrath of Allah for doing injustice.

An important issue in this regard is that if one or more of the wives in polygamy surrender one or more of their rights with free will it is allowed for them.



Marriage Fiqh: Age is not an issue in Marriage:


In many different cultures age of bride and bride groom is taken as an important issue.Most of the cultures think that bride should not be too young .Similarly some people think that bride should not be elder than bridegroom.In Islam there is no such restriction.
Prophet salal laho aliehi wasalam married Khadija radi Allaha anha who was elder than her.He married Ayesha radi Allaha anha who was a young girl at time of marriage.Similarly Hazrat Sauda Radi Allahu anha belonged to age group of prophet salal laho aliehi wasalam.

The important issue is that bride should be physically and mentally mature.

Maturity is relative term which is achieved by different individuals at different ages.



Marriage Fiqh: Who Muslim can Marry and Who Muslim can not Marry


Muslim man can marry women form people of scriptures:
Muslim men are allowed to marry Christian and Jew women provided that they are modest.
Allah says in Holy Quran:

(Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time, when you have given their due Mahr (bridal money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. (Al-Ma'idah 5:5)

So it is clear from above verse that any muslim man can marry any Christian or Jew lady provided that target is not adultery and time passing
Muslim women cannot marry Non Muslim men:
On the other hand Muslim women are not allowed to marry with Non Muslim men.
Allah swt says in Holy Quran:
They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them. (Al-Ma'idah 5:5)

So it is clear from the above verse that the provision of marrying with people of scriptures is only for Muslim men not for Muslim women
Muslims cannot marry polytheists other than people of scriptures:
Muslim men are not allowed to marry polytheist women other than those belonging to people of scriptures. It is illegal for both Muslim men and women to marry people who are polytheists like Hindus,Buddhists,Sikhs,Qadiyanis,Bhais,Babis etc.
Allah swt says:

And do not marry Al-Mushrikât (idolatresses, etc.) till they believe (worship Allâh Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress, etc.), even though she pleases you. And give not (your daughters) in marriage to Al-Mushrikûn till they believe (in Allâh Alone) and verily, a believing slave is better than a (free) Mushrik (idolater, etc.), even though he pleases you. Those (Al-Mushrikûn) invite you to the Fire, but Allâh invites (you) to Paradise and Forgiveness by His Leave, and makes His Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) clear to mankind that they may remember. (Al-Baqarah 2:221)

So a Muslim man should marry a Muslim woman and Muslim woman should marry a Muslim man .However it is allowed for Muslim man that they can marry woman from people of scriptures provided that she is modest.This is a permission from Allah swt but even for Muslim man a Muslim woman is far better than a Non Muslim woman.

A Sound character Muslim should not marry a loose character Person:


Allah swt has always demanded strong character from His worshippers.Allah swt says in Holy Quran:
And He loves those who purify themselves(Al-Baqarah 2:222)


On another instance Allah swt says:

And Allâh loves those who make themselves clean and pure (At-Tawbah 9:108)


These verse clearly indicate the importance of neatness and strong character that is why Allah swt has forbidden Muslims to marry loose character people.

Allah swt says:
The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik(An-Nur 24:3)


On another instance Allah swt says:

Bad women are for bad Men and bad men are for bad women and good women are for good men and good men for good women(An-Nur 24:26)

So it is very much clear from above verses that a Muslim men and women must choose a strong character person as their life partner.






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