Showing posts with label marriage fiqh. Show all posts

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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