Tuesday, April 10, 2012

Is having false teeth fitted regarded as changing the creation of Allaah?

The dentist can put artificial teeth for us to replace teeth that have been taken out because they were unhealthy and no longer sound. The dentist says that if the gaps are not filled, it will cause damage to the other teeth. Please note that these false teeth may be fixed or not fixed, i.e., it would be possible to remove them and put them back. Is this halaal or is it haraam and comes under the heading of changing the creation of Allaah?.

Praise be to Allaah.

Fitting false teeth to replace teeth that have been taken out because they were unhealthy or damaged is something permissible and there is nothing wrong with doing it, and we do not know of any scholar who disallows it. It makes no difference whether the teeth are fixed in place in the mouth or not. The patient should do what is best for him in consultation with a specialist in that field. 

Changing the creation of Allaah means not accepting the creation of Allaah with regard to the length or shape of the teeth or the gaps between them. Hence the one who changes the creation of Allaah in general is cursed, and the one who changes it with regard to his teeth in particular is cursed.  

Allaah says (interpretation of the meaning): 

“They (all those who worship others than Allaah) invoke nothing but female deities besides Him (Allaah), and they invoke nothing but Shaytaan (Satan), a persistent rebel!

118. Allaah cursed him. And he [Shaytaan (Satan)] said: ‘I will take an appointed portion of your slaves.

119. ‘Verily, I will mislead them, and surely, I will arouse in them false desires; and certainly, I will order them to slit the ears of cattle, and indeed I will order them to change the nature created by Allaah.’ And whoever takes Shaytaan (Satan) as a Wali (protector or helper) instead of Allaah, has surely, suffered a manifest loss”

[al-Nisa’ 4:117-119] 

It was narrated from ‘Abd-Allaah ibn Mas’ood (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “May Allaah curse the one who does tattoos and the one who has a tattoo done, the one who plucks eyebrows and the one who has her eyebrows plucked, and those who file teeth for the purpose of beautification, changing the creation of Allaah.” Narrated by Muslim (2125). 

Al-Nawawi (may Allaah have mercy on him) said: 

The one who does tattoos is the one who uses a needle and the like on the back of the hand, wrist, temple or other place on a woman’s body where blood flows, then fills that place with kohl etc and it turns blue.  

“The one who plucks eyebrows” is one who removes hair from the face. 

“Those who file teeth” refers to women who file the teeth to create a gap between the front teeth and second incisors. This was done by elderly women and those of similar age to make them look younger and to make the teeth look more beautiful, because it is younger girls who have these nice gaps between their teeth. When a woman grows older her teeth become bigger, so they used to file them to make them look nicer and to make people think they were younger. This action is haraam for the one who does it and the one to whom it is done, because of these ahaadeeth, and because it is changing the creation of Allaah, and because it is cheating and deceiving people. 

“Those who file teeth for the purpose of beautification” – this indicates that what is haraam is that which is done for the purpose of beautification. But if it is needed for medical reasons or to correct a fault in the tooth and so on, then there is nothing wrong with it. 

Sharh Muslim (14/106, 107). 

The words of al-Nawawi point to the difference between treating the teeth in order to remove a fault in them and not being pleased with the creation of Allaah and tinkering with it for the purpose of beautification. The former is permissible and the latter is haraam. 

There is evidence in the Sunnah which shows that it is permissible to wear false teeth if the teeth have fallen out due to old age or sickness, and it is permissible for them to be made of gold if nothing else can be used. 

It was narrated from ‘Arfajah  ibn As’ad that his nose was cut off at the battle of Kilaab during the Jaahiliyyah, and he wore a nose of silver, but it caused a foul stench, so the Prophet (peace and blessings of Allaah be upon him) told him to wear a nose made of gold.  

Narrated by al-Tirmidhi (1770), Abu Dawood (4232) and al-Nasaa’i (5161). Classed as hasan by Shaykh al-Albaani in Irwa’ al-Ghaleel (824). 

The scholars of the Standing Committee said: 

But in cases of necessity it is permissible to use gold for teeth, noses and the like, if nothing else can be used instead. End quote. 

Fataawa Islamiyyah (4/248). 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:  

We should note that it is not permissible to have a gold tooth except when there is a need for that. It is not permissible for anyone to have a gold tooth put in for the purpose of adornment, except women for whom is it customary to have gold teeth, in which case there is nothing wrong with it. But for men it is not permissible at all except in cases of necessity. End quote. 

Liqaa’aat al-Baab il-Maftooh (28/question no. 5). 

And Allaah knows best.

Spouses who argue a great deal and she hits him. Should he divorce her?

Me and my wife have arguments every now and then. Sometimes she gets very angry and starts hitting me with all her strength. Sometimes I am at fault and sometimes she is at fault for starting the argument. What can I do about this ? Alhamdulillah, I am stronger , so she can't harm me. So far, we have a very good married life alhamdulillah. The last time she hit me, made me very angry and I decided to hit her back but I didn't. Actually I have never hit her alhamdulillah.

Praise be to Allaah.

We are amazed that you can be happy, despite what you mention about having a lot of arguments and even hitting sometimes. Whatever the case, we ask Allaah to increase your happiness. 

There can be no doubt that a woman’s hitting her husband is a sign of a serious problem in this household and that it is not fit to raise children. How can the father raise his children when they see him being hit by their mother?! 

Whatever the case, if you want to set things straight in your household and your want your wife to be set straight, then you must find out the reason why your wife has resorted to violence, and you must deal with it. 

Specialists have mentioned several reasons why a wife might become violent. These include: 

1.     Her violence is a reaction to her husband’s violence. This is not the case – according to what you mention in your question – in your situation, because you say that you do not hit her.

2.     Your wife’s violence may be because of having had a bad childhood, and what she may have been exposed to of violence from her parents or one of them, or from one of her siblings.

3.     The wife’s violence may be due to her husband’s weak character. Her husband may not be working, and she may be the one who is working and taking responsibility for the household, and her dominant personality may lead her to aggression against his weak character.

4.     The woman’s violence may be due to the effect of what she reads, watches or ingests. She may be influenced by dominant women or read stories about them, or the devils among women may be whispering to her that this is the right way to check the husband, or she may be under the influence of drugs and intoxicants. 

If you know the reason ,then you must deal with it wisely and gently, and remind her of the greatness of the rights that you have over her, and her duties towards you. Remind her of the punishment for transgressing against you in word and deed, and alert her to the fact that her actions will play a part in your failure to raise your children properly, and that her character may be reflected in some of her daughters. 

What the couple must do is treat one another kindly, and not wrong one another or deny one another’s rights. Allaah says (interpretation of the meaning): “And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable” [al-Baqarah 2:228]. 

If some differences arise between them, then these differences should be dealt with in an atmosphere of love, understanding, respect and tolerance, so that their married life will be as Allaah wants it to be: “and He has put between you affection and mercy” [al-Room 30:21]. 

We ask Allaah to reconcile between you. 

And Allaah knows best.

Her family has a bad reputation and she wants to go far away from them

My life at home is unbearable. Because my family – my father and mother – do so many bad things, I hate myself, and I hate them. This has led to me disobeying them, and I cannot honour them under any circumstances. I hope that your answer will not be to try again. Their reputation is bad, it includes divorce but in a manner that I cannot mention. I have decided to go away from them and travel to a place where I can live and work far away from their reputation. 
I wear niqaab because of the problems, but the place should be somewhere where niqaab is not obligatory, only hijab. I have decided to travel and live far away from all of this, and wearing hijab will be better than wearing niqaab but having reached a state of kufr – Allaah forbid. 
I ask you by Allaah to advise me. I need to speak to someone. I ask you by Allaah to solve my problem. I have almost begun to despair of the mercy of our Lord. If I die I am worried that – Allaah forbid – I will be a kaafir, because you do not know what is in my heart.

Praise be to Allaah.

Firstly: 

This world is not free of worries and distress, and the Muslim knows that, indeed all people know that. All people suffer in this world, good and bad. 

The difference between the believer and the kaafir with regard to that is that the believer has the hope of the reward of Allaah in good times and bad, which the kaafir is deprived of because of his kufr. Allaah says (interpretation of the meaning): 

“if you are suffering (hardships) then surely, they (too) are suffering (hardships) as you are suffering, but you have a hope from Allaah (for the reward, i.e. Paradise) that for which they hope not; and Allaah is Ever All‑Knowing, All‑Wise”

[al-Nisa’ 4:104] 

The believer knows that whatever good he sees in this world is only partial, and that whatever evil he sees in this realm, no matter what this evil is, is only partial. True good is in Paradise and true evil is in Hell. 

Shaddaad ibn Aws (may Allaah be pleased with him) used to say: You do not see anything of good but its causes and you do not see anything of evil but its causes. All goodness is in Paradise and all evil is in Hell. This world is transient and passing, in which both the righteous and the immoral eat. But the Hereafter is a true promise in which a stern Sovereign will pass judgement. Each of them has its sons, so be among the sons of the Hereafter and do not be among the sons of this world. 

Sifat al-Safwah (1/709). 

Because of this truth, the one who is destined for Hell will forget all this goodness from the first time he is dipped in Hell, and the one who is destined for Paradise will forget all this hardship the first time he is dipped in Paradise. 

This is the wisdom of Allaah, which the believer sees in that which Allaah has decreed for him. He tests His slaves with good and bad alike. 

“Everyone is going to taste death, and We shall make a trial of you with evil and with good. And to Us you will be returned”

[al-Anbiya’ 21:35] 

It is easy for anyone to speak the words of faith and claim to be sincere, but it is through tests and trials that those who are sincere are distinguished from those who are lying, and believers are distinguished from hypocrites. Allaah says (interpretation of the meaning): 

“Do people think that they will be left alone because they say: ‘We believe,’ and will not be tested.

3. And We indeed tested those who were before them. And Allaah will certainly make (it) known (the truth of) those who are true, and will certainly make (it) known (the falsehood of) those who are liars, (although Allaah knows all that before putting them to test)”

[al-‘Ankaboot 29:2-3] 

So the believer is different from all other people when he is tested with good and bad. He is grateful for good things and he is patient when bad things happen, and there is no goodness in anything other than that. 

It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “How wonderful is the affair of the believer, for all of it is good, and that applies to no one except the believer. If something good happens to him he gives thanks, and that is good for him, and if something bad befalls him he bears it with patience, and that is good for him.” Narrated by Muslim (2999).  

One of the names by which Allaah has called Himself is al-Hakeem (the Wise), and one of His deeds is wisdom which the human mind cannot fully comprehend. That part of His wisdom which is known to us can help the believer to be steadfast and patient. In the answer to question no. 35914 we have stated some of the wisdom and benefits that result from calamities. Please refer to this question, as it is important. 

There are some things which, if the one who is stricken with calamity thinks about them, his problem will seem less severe. Ibn al-Qayyim mentioned in his book Zaad al-Ma’aad (4/189-195) a number of these things, which we have mentioned in the answer to question no. 71236. Please refer to this question, as it is important. 

Secondly: 

Honouring your parents is an Islamic duty, and it is haraam to disobey them even if their attitude or their treatment of you is bad, and no matter what has happened between them. Allaah has enjoined treating them kindly even if they try to force you to disbelieve. 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. Then to Me will be your return, and I shall tell you what you used to do”

[Luqmaan 31:15] 

The Prophet (peace and blessings of Allaah be upon him) enjoined maintaining ties with them and treating them kindly even if they are kaafirs, as he said to Asma’ (may Allaah be pleased with her) when her mother, who was a kaafir, came to visit her because she needed something: “Uphold ties of kinship with your mother.” Narrated by al-Bukhaari (2477) and Muslim (1003). 

Thirdly: 

Moving far away from your family and travelling by yourself is not permissible because of the problem, rather it the wrong way to deal with it. It is like jumping out of the frying pan and into the fire.  

It was narrated that Ibn ‘Abbaas said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “No man should be alone with a woman unless there is a mahram present with her, and no woman should travel except with a mahram.” Narrated by al-Bukhaari (1763) and Muslim (1341). 

This hadeeth indicates that for a woman to travel alone, without a husband or mahram, is haraam. The word “travel” in the hadeeth is general in meaning, and includes travelling for Hajj and ‘Umrah or to seek knowledge. What you are intending to do comes under the heading of travel that is forbidden in this hadeeth, and if the travel is to a kaafir country, then it is even more haraam. 

Fourthly: 

It is not permissible for a woman to take off her hijab, the symbol of her chastity, religious commitment and modesty. Obedience to Allaah takes precedence over desires, pleasures and worldly matters. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

It is obligatory for a woman to observe hijab in front of non-mahram men, both at home and abroad, because Allaah says (interpretation of the meaning): 

“And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts”

[al-Ahzaab 33:53] 

This verse includes the face as well as other parts, because the face is the greatest part of a woman’s beauty. 

“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever Oft‑Forgiving, Most Merciful”
[al-Ahzaab 33:59] 

“…and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons …”

[al-Noor 24:31] 

These verses indicate that it is obligatory to observe hijab at home and abroad, in front of Muslims and kaafirs. 

It is not permissible for any woman who believes in Allaah and the Last Day to take these matter slightly because that is disobedience towards Allaah and His Messenger, and because that will cause fitnah at home and abroad. 

Fataawa al-Mar’ah al-Muslimah (1/446, 447). 

Fifthly: 

You should not despair of the mercy of Allaah. What you say in your question indicates that you have lost self confidence and have lost hope in your Lord. The Shaytaan would like this to continue. Beware of falling into the trap of the Shaytaan. 

We can see from your letter that you are upset and grieved by the state of your family, and how their reputation is affecting you, which has made you think of moving away from them. But we want you to think long and hard lest you fall pray to evil people, especially if they know about your family’s situation and you are alone among them. So you have to plan to solve this problem without doing anything that is haraam. 

We suggest that you should tell one of your relatives who is wise and is a mahram about your problem, such as a paternal uncle or maternal uncle, so that he may help you to solve the problem that results from your remaining with your family. Moving to the house of one of your mahrams is the best way to solve your problem, if living with them is as you describe and there is no hope of them mending their ways. Maybe after that Allaah will bless you with a righteous husband with whom you will have a happy life and Allaah may bless you with good children from him. 

There is no reason why your relatives should not help you to get married to a righteous man. If they do that, they will be deserving of praise. There is no reason why you should not try to get someone whose intelligence and religious commitment you trust to look for a suitable husband for you, or mention you to a person who you think is righteous and good. 

But whatever the case, we do not advise you to travel alone or to move to a house on your own, rather we advise you to live with one of your relatives who is a mahram, if that is possible, so long as you choose a righteous household that is suitable for you to live in. If that is not possible then we advise you to look for righteous sisters, such as students, and live with them. If that is not possible, then look for a righteous sister who is living with her sisters or mother, who you could live with. What matters is that you should avoid living alone and avoid travelling, especially to a kaafir country, and you should look for a good and suitable environment where you can protect your religious commitment. 

It is not permissible for you to give in to the tricks of the shaytaan for you are one of those who are despairing and are close to kufr. All of that plays a role in worry and distress. 

Think about the words of Allaah (interpretation of the meaning): 

“Or think you that you will enter Paradise without such (trials) as came to those who passed away before you? They were afflicted with severe poverty and ailments and were so shaken that even the Messenger and those who believed along with him said, “When (will come) the Help of Allaah?” Yes! Certainly, the Help of Allaah is near!”

[al-Baqarah 2:214] 

You will realize that when calamity grows worse and reaches the point that it feels like an earthquake, then relief is close at hand by the mercy of the Most Merciful of those who show mercy. 

Think about the words of Allaah (interpretation of the meaning): 

“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things”

[al-Talaaq 65:2-3] 

“and whosoever fears Allaah and keeps his duty to Him, He will make his matter easy for him”

[al-Talaaq 65:4] 

“Verily, along with every hardship is relief,

6. Verily, along with every hardship is relief”

[al-Sharh 94:5-6] 

And the Prophet (peace and blessings of Allaah be upon him) said: “O young man, shall I not teach you some words by means of which Allaah may benefit you?” I said: Yes. He said: “Be mindful of Allaah, He will take care of you. Be mindful of Allaah and you will find Him before you. Remember Him at times of ease and He will remember you at times of hardship. If you ask, then ask of Allaah, if you seek help then seek help from Allaah. The Pen has dried and things are happening (as they have been decreed). If all of mankind were to gather together to benefit you in some way that Allaah has not decreed for you, they would never be able to do it, and if they wanted to harm you with something that Allaah has not decreed for you, they would never be able to do it. Remember that there is much good in bearing with patience that which you dislike, and that victory comes with patience, and that with hardship comes a way out and with difficulty comes ease.” Narrated by Ahmad, 2800 and classed as saheeh by Al-Albaani. 

Finally: we advise you to make du’aa’ and seek out the best times such as the last third of the night, saying a lot of du’aa’ whilst prostrating, being sincere in your du’aa’ and humbly beseeching your Lord to guide your parents and set their affairs straight, and to help you to do that which He loves and which pleases Him. 

See also the book “Alhomoom – Dealing with Worries and Stress” in the Books section of this site. 

And Allaah knows best.

His wife became Muslim but he hurts her and mistreats her

A man traveled to Europe, married a Christian woman and had a daughter from her to get residency. He lived the first years in secrecy. He used to harm his wife and daughter like if they were not his family. His wife converted to Islam after Allah guided her. But he still hasn’t changed. He is sinful and commits adultery, nor does he spend on his family. He forcibly takes his wife’s money, and she is patient despite his unfairness, as she has other children and wants to protect her family, wishing that Allah guides him one day.  
This woman’s family thinks that the reason behind all the problems she meets is Islam and foreigners. May you please advise this man so that he may return to the straight path? And what is the ruling of Islam on this?.

Praise be to Allaah.

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

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

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

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

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

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

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

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

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

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

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

And Allaah knows best.

Shar’i implications of husband’s zina with his wife’s mother before and after marriage

There is a woman who is married, and her husband committed zina several times with her mother, but this wife does not know. What should she do with her mother and her husband? She is confused about her situation.

Praise be to Allaah.

Firstly: 

It is not permissible for anyone to claim that someone else has committed zina unless that is proven in the way dictated by sharee’ah, such as a confession of the zaani, or the testimony of four men of good character who witnessed the act of zina. The one who claims that someone committed zina with no proof has committed slander, which is a major sin for which a person deserves eighty lashes; this is the hadd punishment for slander. 

Allaah says (interpretation of the meaning):

 “And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah).

5. Except those who repent thereafter and do righteous deeds; (for such) verily, Allaah is Oft‑Forgiving, Most Merciful”

[al-Noor 24:4-5] 

Secondly: 

If the questioner has proof of what is mentioned in the question, that the husband committed the sin of zina with his wife’s mother, then it should be noted that they both deserve the punishment and wrath of Allaah, and they deserve to be punished in this world. As the woman is married, she deserves to be stoned to death. If he was married then he deserves the same, and if he committed zina before he was married, then the punishment is one hundred lashes. 

Allaah says (interpretation of the meaning): 

“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment.”

[al-Noor 24:2] 

It was narrated that Abu Hurayrah said: A Muslim man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) when he was in the mosque and called out to him, saying: O Messenger of Allaah, I have committed zina. He turned away from him, so he came around to face him and said to him: O Messenger of Allaah, I have committed zina. He turned away from him, until he had repeated that four times. When he had testified against himself four times, the Messenger of Allaah (peace and blessings of Allaah be upon him) called him and said: “Are you insane?” He said: No. He said: “Are you married?” He said: Yes. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Take him and stone him.”

Narrated by al-Bukhaari (6439) and Muslim (1691). 

“Married” refers to one who has previously been married and consummated the marriage, even if divorce took place after that or the husband or wife died. 

Imam Ahmad said – according to one report narrated from him – concerning the one who does that: He is to be executed whatever the case, i.e., the one who commits zina with one of his mahrams is to be executed, whether he was married or not, and whether the mahram was a mahram through blood ties, marriage or breastfeeding. 

Ibn Qudaamah said: This is also the view of Jaabir ibn Zayd, Ishaaq, Abu Ayyoob and Ibn Abi Khaythamah. End quote. Al-Mughni (12/341). 

Ibn al-Qayyim (may Allaah have mercy on him) said: If the evil deed was done with a mahram, this is the worst of evil deeds, and the one who did that is to be executed in all cases, according to Imam Ahmad and others. 

Rawdat al-Muhibbeen p. 374. 

Does the fact that he committed zina with her mother mean that it is haraam for him to marry her daughter, or that the marriage should be annulled? There is a difference of opinion among the scholars concerning that. The most correct view is that it does not make the marriage haraam and the marriage should not be annulled. 

The ruling on this matter has been stated and explained in detail in the answer to question no. 78597. 

Thirdly: 

What the wife must do now is: 

1.     Not act or make any decision about this matter unless she has definitive proof.

2.     Advise her mother – if the accusation of zina is proven – that it is essential to repent sincerely.

3.     Advise her husband to repent sincerely if he committed zina with her mother after she got married. It is essential to keep him away from her mother in living arrangements and meetings so that this deed will not be repeated. If he does not repent from this action then she should hasten to get divorced, and it is not permissible for her to stay with him, because Allaah has forbidden marriage of a zaani to a chaste believing woman. 

We understand what a severe calamity has befallen this sister. How great is a woman’s grief, and difficult it is for her to bear it if her husband commits zina, and it is a thousand and one times more difficult to bear it when her mother commits zina, so how about if it is her husband who is committing zina with her mother? This is indeed a calamity! 

We ask Allaah to relieve her distress and take away her sorrow, and to bless her with patience and wisdom. 

But before making any major decision, we advise her to think long and hard about the consequences. 

If she decides to leave her husband, then in that case can she live in the same house as her mother, who is the one who did that and wrecked her marriage? 

We think, if she has no suitable place to go and no mahram who can take care of her, that staying with her husband and advising him to repent and mend his ways is easier for her than getting divorced and living in her mother’s house. 

This sister should weigh up the consequences of her decision. Some evils are easier to bear than others. 

And Allaah knows best.

Friday, April 6, 2012

A Christian woman who wants to become Muslim, but her husband is a kaafir and an alcoholic, and she has a relationship with a Muslim man

I have been studing Islam for a few months now, I have a Quran and am busy reading it and I must admit I am comparing it with the bible. I am almost ready to embrace Islam however I have two major problems. First I am married to a Christian, he drinks a lot and is out of work at this stage, when he drinks I become someone I do not like very much. I do not drink at all and have not for several years. My father was an alcoholic and unfortunately I also married one.
I loved him very much when we got married however he has slowly destroyed this love with his manners and attitude. I do like him, when he is sober he is the kindest and most giving person I know and he would do almost anything for his friends and I think for his family. We have 2 children but they are both very fed up with his drinking. If I had to leave him, he will most definitely land up in the gutter. He will not be able to cope on his own. He has a very low self-esteem at this stage. I am very helpless at this stage and do not know what to do.
My second major problem is I am friends with a much younger Muslim man. We have known each other for a couple of years now and I have also come to love him. The major problem here is he is married and has two children, he is much younger than what I am and he is friends with my husband and I am friends with his wife. I have never indicated to him how I feel or what I feel, but I do dream a lot of what may be. I know this is probably wrong. I am not the type of person who will leave my husband for another man but we have not had a proper marriage relationship for almost six years now and I am not dead yet.
I would like to embrace Islam but I am afraid that my friend's attitude may change towards me when I become a Muslimah, we now visit and talk about almost anything ranging from business to religion and I would not like to loose his friendship by committing myself. My friend is a is very staunch in his religion and he is a practising Muslim.

Praise be to Allaah.

The conviction that you have reached must be very firm and strong, because it is based on research and study, and comes after you have compared the Bible and the Qur’an. We do not think that that you need to be convinced any further, but the problems that you talk about have to do with the next step, which is really embracing the religion of Islam and starting to practise it by living an Islamic life. We do not see any real obstacles that would prevent you from taking this step. Let us look at each of these problems in turn.

The first problem is: how will your alcoholic husband react to your becoming Muslim? The Islamic ruling is that as soon as you embrace Islam, you start your ‘iddah, which is the waiting period (following dissolution of a marriage).

Maalik (may Allaah have mercy on him) said: “According to our opinion, if a woman becomes Muslim when her husband is a kaafir, then he becomes Muslim, then he has more right (to go back) to her as long as she is still in her ‘iddah period, but if her ‘iddah has expired, he has no right to go back to her.”

Al-Shaafa’i said: “If one of them (the couple) becomes Muslim before the marriage is consummated, then their separation takes effect instantly when one of them becomes Muslim. If this happens after the marriage has been consummated, then it becomes the matter of waiting until three (menstrual periods) have passed.” This is if the woman has regular periods; otherwise the waiting period is three months. If the other partner becomes Muslim before this time has passed, then their marriage contract remains valid. (Tabyeen al-Haqaa’iq Sharh Kanz al-Daqaa’iq, part 2, Baab Nikaah al-Kaafir).

This is because a Muslim woman is not allowed to be married to a kaafir at all, because Islam should prevail and not be prevailed over.

So become Muslim, and present Islam to him (your husband). If he becomes Muslim too, then praise be to Allaah. Maybe this will make him give up alcohol. If he does not become Muslim and the ‘iddah time expires, then leave him, especially as his circumstances are not acceptable and and his alcoholism is causing so much trouble for you and your children, and living with him is unbearable. Do not feel any regrets about him; maybe Allaah will compensate you with someone better than him. If he cannot take care of himself, then he only has himself to blame, because he is bringing it upon himself. If you leave him, this make him feel bad and thus bring him back to his senses; maybe then he will become Muslim and get his wife and children back.

The second problem is very serious and dangerous, because it has to do with an Islamically unacceptable relationship between a man and a non-mahram woman who talk together intimately about all kinds of topics, without any controls or restraints. This improper conduct has led to other kinds of improper conduct, namely love and attachment and fear of separation from that person, as well as the weighing up of this relationship against the religion of Islam – even though continuing this intimate relationship is so harmful and entering Islam is obligatory and will bring happiness in this world and salvation from the Fire in the Hereafter. Moreover, we are astonished and wonder how he can be so committed to his religion – as you say – yet he has formed such a relationship with you that you describe him as your friend. You must hasten to enter Islam and advise this person in an appropriate fashion (such as sending him an e-mail, for example). Rest assured that when you become Muslim, Allaah will make for you a way to get out (from difficulty), and He will provide for you from (sources) you could never imagine. So strive to please your Lord, and He will be pleased with you and will make other people pleased with you. May Allaah help us all to do that which He loves and which pleases Him.

His brother has become Muslim but he is hesitant and wants advice

I want to become a Muslim, but am very hesitant. My brother converted a few months ago, which caused a lot of problems between him and my parents(both of them being Christian). I have a close relationship with my girlfriend, which doesn't help me out much either. I don't know what to do. I know it'll be a choice of Allah or my parents/girlfriend. I know what the right decision should be, I just don't know how, or when to make it. I just need some advice.
Thanks…

Praise be to Allaah.

Congratulations to your brother, congratulations to your brother, congratulations to your brother! Please give him our best wishes and greetings of peace (salaam) and tell him that even though we are thousands of miles away, we are praying he will stand firm in his faith and gain a proper understanding of his religion. Tell him that he has brothers in faith who share his joy at having entered Islam, even though he does not know their names or where they live. This is the relationship of believers with one another, like a structure parts of which support other parts.

With regard to yourself, you say that you know what the right decision is, and that is great. You have come a long way, and all that remains is for you to make the decision which you know you have to make.

What is life without religion? What is the point of living and working and striving if it is not for the purpose of pleasing Allaah? Can there be any joy in life or salvation after death or any hope of attaining the bliss of Paradise without entering Islam? If we do not worship Allaah, what are we going to worship? Our whims and desires? Would a wise person accept to be the slave of his sexual desire that will soon come to an end or of some wealth that he will soon leave behind in this transient world? Man has a spirit that will never be at peace unless he worships Allaah. He has a conscience that cannot thrive except in the light of Allaah. He has a soul that can never be at ease unless it is in contact with Allaah, remembering Him, speaking to Him, praying and fasting for His sake, putting its trust in Him and repenting to Him. Allaah says (interpretation of the meaning):

“Is he who was dead (without Faith by ignorance and disbelief) and We gave him life (by knowledge and Faith) and set for him a light (of Belief) whereby he can walk amongst, like him who is in the darkness (of disbelief, polytheism and hypocrisy) from which he can never come out?…” [al-An’aam 6:122]

“And whomsoever Allaah wills to guide, He opens his breast to Islam, and whomsoever He wills to send astray, He makes his breast closed and constricted, as if he is climbing up to the sky…”

[al-An’aam 6:125]

There is no need for hesitation in this matter, because it is the matter of freedom from the Fire of Hell and salvation from the wrath of al-Jabbaar (the Compeller, i.e., Allaah), and attaining the victory of happiness in this world and the next. Allaah Who created you and created the heavens and earth is greater, and obeying Him is more important, than the closest of relatives and the dearest of friends. Become Muslim and you will be safe. Allaah will help you with regard to your parents and will give you the strength to stand firm against their pressure. Who knows, maybe you and your brother will be the cause of saving your entire family. Allaah told the Prophet Moosa (Moses) about his brother Haaroon (Aaron), peace be upon them both (interpretation of the meaning): “We will strengthen your arm through your brother…” [al-Qasas 28:35] So together they went to call Pharaoh and his people to worship Allaah.

With regard to your girlfriend, do not think that this forbidden relationship will help you adhere to the truth. You have to call her to Islam and to repent to Allaah. If she repents, then marry her in accordance with the Islamic way that is acceptable to Allaah. If she does not, then do not feel any regrets about her. The Prophet of Islam said: “Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better.”

We ask Allaah to hasten the blessings of Islam for you, to bless you with happiness in this world and success in the Hereafter, and to protect you from all evil. We look forward to hearing happy news. Peace be with you.