Should she marry a man who is religiously-committed but poor?

I am a Muslim woman who is 50 years old. I got to know a man who is divorced and retired, who is 54 years old. What made me like him very much is the fact that he is religiously-committed, but he is poor. As I am also religiously-committed, I want to protect my chastity and marry him even though he is poor, but my mother feels that she does not approve of him because he is poor. If I marry him, will I be sinning? Will I be rewarded if I spend on my husband? My mahr will be a simple ring of gold, because I am not materialistic and I want to do good for the sake of Allaah. Please note that I have been divorced for 20 years and I refused to get married so that I could raise my daughter who is now 20 years old. I was also taking care of my dear father until he passed away (may Allaah have mercy on him and all the Muslims), and he was pleased with me when he died. Now I feel that I need a husband. Please advise me, may Allaah reward you with good.

Praise be to Allaah.

If this man is religiously-committed and of good character, there is nothing wrong with you marrying him, even if he is poor, because of the report narrated by al-Tirmidhi (1084) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one whose religious commitment and character pleases you, then marry [your female relative who is under your care] to him, for if you do not do that, there will be tribulation on earth and much corruption.” Classed as hasan by al-Albaani in Saheeh al-Tirmidhi. 

There is nothing wrong with him taking from your wealth with your consent, and you will have the reward for spending on him and treating him kindly. 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] 

Poverty is nothing to be ashamed of, because wealth comes and goes, and a poor man may become rich. Allaah says (interpretation of the meaning): 

“And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Saalihoon (pious, fit and capable ones) of your (male) slaves and maid‑servants (female slaves). If they be poor, Allaah will enrich them out of His Bounty. And Allaah is All‑Sufficient for His creatures’ needs, All‑Knowing (about the state of the people)”

[al-Noor 24:32] 

You should convince your mother, and explain to her that compatibility is not the matter of money, rather it is piety and righteous deeds. There is no sin on you even if your mother persists in her view, and you think that you want to marry him, but it is essential that your wali (Guardian) be present in order for the marriage to be valid, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881), from Abu Moosa al-Ash’ari, and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

The woman’s guardian may be her father, then her son, then her brother, then her nephew (brother’s son), then her paternal uncle, then her cousin (son of paternal uncle), in order of closeness. If she does not have a guardian then her guardian for marriage is the qaadi (judge), because the Prophet (peace and blessings of Allaah be upon him) said: “If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ (2709). 

If a woman strives to get married and makes the mahr easy, it is a sign of wisdom and good thinking on her part. We ask Allaah to make things easy for you and to guide you to the right path. 

And Allaah knows best.

Should he marry a Christian Israeli Arab woman?

I have gotten to know a Christian woman who is an Israeli Arab and she wants us to get married and to embrace Islam and leave that land and live with me in my country, and keep away completely from that society and be a Muslim woman. But there are many problems and obstacles as you know, from relatives and strangers. I do not know what to do. I hope that you can help and offer advice. Should I continue with her or leave her because of these problems? Please note that I want her to become Muslim and move away from that society.

Praise be to Allaah.

Firstly: 

It should be noted first of all that you did wrong by getting to know this non-mahram woman. Islam has set out important guidelines concerning the relationship between men and non-mahram women, so as to protect Muslim men and women from falling into that which Allaah has forbidden to us. That is so as to protect societies from the spread of immorality and evil. This does not apply only to relationships between a Muslim man with a non-mahram Muslim woman, but it also includes the prohibition on doing that with kaafir women, but the shaytaan may tempt him to commit this sin in the name of calling people to Allaah. 

We have previously discussed the ruling on corresponding and talking with non-mahrams. See the answer to questions no. 22101, 26890, 23349 and 10221. 

Secondly: 

With regard to the ruling on marrying kaafir woman, it is haraam, unless she is from the people of the Book – Jewish or Christian. A Muslim may think that every woman who lives in America or Europe is a Christian, or that if she lives with the Jews then she is Jewish, but this is wrong. Just as there are those who are Muslim in name but are in fact secular or communist, that also happens with them too, and on a greater scale – there are many who are of the religion of their country in name, without that having any reflection in reality. Hence the one who wants to marry a non-Muslim woman must ascertain that the conditions for that are met in the woman. They are: 

1.     She should be of the people of the Book – Jewish or Christian – even if she adheres to her deviant religion, because these are the ones whose woman Allaah has permitted us to marry. Allaah says (interpretation of the meaning): 

“The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (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 girlfriends”

[al-Maa'idah 5:5] 

As for atheist, Buddhist and Magian (Zoroastrian) women, it is not permissible to marry them. Allaah says (interpretation of the meaning): 

“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you”

[al-Baqarah 2:221] 

2.     She should be chaste, not engaging in zina (fornication) or having boyfriends, because Allaah says in the verse from al-Maa'idah quoted above: “chaste women.” 

3.     The Muslim should be in charge. So it should not be stipulated that they get married in the church, or that the children should follow her religion, or anything else in which she and her religion are given precedence at the expense of his religion. Allaah says (interpretation of the meaning): 

“And never will Allaah grant to the disbelievers a way (to triumph) over the believers”

[al-Nisa’ 4:141]. 

This condition is not met in the case of one who marries a woman from a western country, because he is governed by their laws and their governments will take charge of all the children, and the governments and embassies of those women will support them if he should decide to take his children to a Muslim country against her wishes. 

Although it is permissible to marry women of the people of the Book, Islam encourages us to marry Muslim women who are religiously committed, because a Muslim’s life with his wife is all-encompassing and includes chastity, lowering of the gaze, and protection and care of the household and children. These and similar matters can only be achieved with a religiously-committed Muslim woman.  

See the answer to question no. 12283, which is very important, and also the answer to questions no. 20227 and 45645, which offer more information on the negative effects of marrying non-Muslim women. 

Thirdly: 

What we advise you to do is to put this woman in touch with Muslim women among your relatives or others who are involved in calling people to Allaah, so they can encourage her to become Muslim and convince her to enter the faith willingly, because there is the fear that her wanting to become Muslim may be motivated by her love for you, so she would be Muslim on the outside without any real faith in her heart. If she remained a kaafir, she would not be able to marry you without the consent and agreement of her kaafir wali (guardian) and the guardianship would pass to the Muslim authorities – according to some scholars – if her kaafir guardian objects to her marrying a Muslim because of his being Muslim, or if there is no one in her family who follows her religion to whom guardianship could be passed. But if she is Muslim, then even if there is no Muslim among her family who could be her guardian, the Muslim qaadi (judge) or the one who acts in his stead would be her guardian, because a kaafir cannot be the guardian of a Muslim woman. 

If she becomes Muslim, then we think that she can escape from her environment by marrying you, and move to your country, but you must be careful to avoid falling into sin before that by looking at her, being alone with her, and shaking hands with her, until you know that she has become Muslim out of sincere conviction and has become a good Muslim, then you can marry her in accordance with the Qur’aan and Sunnah. 

The Muslim should be cautious about marrying a kitaabi (Jewish or Christian) woman, or a woman who has become Muslim because of her love for her Muslim husband, for there is no guarantee that her becoming Muslim does not have to do with meeting her immediate needs, and is not the result of true conviction regarding the religion that she has joined. This may have an effect on his life and the life of his children. In both cases there is a risk to him and his children, and you should be even more cautious if she is Jewish or she was living among the Jews, because the Jews are known for plotting against the Muslims and using women to further those plots. 

See the answer to questions no. 20884 and 33656, which describe how a woman may become Muslim. 

We advise you to pray istikhaarah, details of which you will find in questions no. 2217 and 11981. 

We ask Allaah to help you to repent sincerely and to guide her to Islam, and to join you together in goodness if she accepts Islam and becomes a good Muslim. 

And Allaah knows best.

How will those who entered Hell then were brought forth from it enjoy Paradise?

The people who enter Jahanam and stay there for some time and then are removed and entered in Jannah. How will they enjoy Jannah being that they may remember their experience in Jahanaam (Post Traumatic Stress).

Praise be to Allaah.

Ahl al-Sunnah wa’l-Jamaa’ah believe that some of the Muslims will enter Paradise without being brought to account or being punished, and some of them will enter Paradise after being brought to account, and some will enter Paradise after being punished in Hell as Allaah wills, then He will bring them forth from it. 

The fact that these people are brought forth from Hell then admitted to Paradise will not cause them any sorrow or distress in Paradise, because Paradise is the abode of delight, and they will have whatever the other people of Paradise will have, as mentioned in the Qur’aan and Sunnah. 

There is nothing in the evidence to suggest that these people will feel any kind of regret after entering Paradise due to the punishment that they experienced in Hell. 

But the Prophet (peace and blessings of Allaah be upon him) has told us about how these people will be after they are brought forth from Hell. That includes the following: 

1 – They will be thrown into the River of Life, and will grow anew. 

It was narrated from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “When the people of Paradise enter Paradise and the people of Hell enter Hell, Allaah will say: ‘Whoever had a mustard-seed’s weight of faith in his heart, bring him out.’ So they will bring him out, and they will come out like burned skeletons, and they will turn into charcoal. They will be thrown into the River of Life, then they will grow like seeds growing in the silt left by a flood.”  

The Prophet (peace and blessings of Allaah be upon him) said: “Do you not see how they emerge yellow and curved?” 

Narrated by al-Bukhaari (6192) and Muslim (184). 

2 – The Prophet (peace and blessings of Allaah be upon him) stated that they will change after they are brought forth from the Fire. 

It was narrated from Jaabir (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said of the Jahannamiyyoon (those who had been in Hell) that they “would be brought forth from the Fire after having been in it. They will come out as if they are branches of sesame. Then they will go into one of the rivers of Paradise, where they will wash themselves, then they will emerge like sheets of paper.” 

Narrated by Muslim (191). 

Al-Nawawi (may Allaah have mercy on him) said: The word sesame refers to the well-known sesame from which sesame oil is extracted. Imam Abu’l-Sa’aadaat al-Mubaarak ibn Muhammad ibn ‘Abd al-Kareem al-Jazari, who is known as Ibn al-Atheer (may Allaah have mercy on him), said: What it means – and Allaah knows best – is that if the branches of sesame are gathered and left in the sun so that their seeds may be collected, they turn thin and black as if they have been burned, so these people are likened to them. 

“then they will emerge like sheets of paper” They are likened to sheets of paper because they will be so white after they wash themselves and all the blackness that was on them is removed. 

Sharh Muslim (3/52). 

According to a report narrated by al-Bukhaari (6190): 

It was narrated from Jaabir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “They will emerge from the Fire through intercession as if they are small cucumbers.”  

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

With regard to small cucumbers … What is meant is something that is white and small. 

Note: 

This likeness refers to how they will be after they grow. But when they first emerge from Hell they will be like charcoal as we shall see in the hadeeth below. 

Fath al-Baari (11/429). 

3 – They will become like pearls, and Allaah will bestow His good pleasure upon them, and He will never be angry with them. 

It was narrated from Abu Sa’eed al-Khudri that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah will say: ‘The angels have interceded, the Prophets have interceded and there is no one left but the Most Merciful of those who show mercy.’ Then He will take a handful from Hell, and will bring out people who never did any good and who will have turned into charcoal. He will throw them into a river on the outskirts of Paradise that is called the River of Life, and they will emerge like seeds in the silt carried by a flood. … They will emerge like pearls with jewels around their necks, and the people of Paradise will recognize them. These are the ones ransomed by Allaah, whom Allaah admitted to Paradise with no good deed that they did or sent on ahead. Then He will say: ‘Enter Paradise, and whatever you see is yours.’ They will say: ‘Our Lord, You have given us what You have never given to anyone else in creation.’ He will say: ‘You will have something better than that with Me.’ They will say, ‘O Lord, what could be better than this?’ He will say, ‘My good pleasure, for I will never be angry with you again.’” 

Narrated by al-Bukhaari (7002) and Muslim (183). 

This is an important hadeeth in which the Prophet (peace and blessings of Allaah be upon him) points out the great status of those who are brought forth from Hell, and the honours that their Lord will bestow upon them by His grace and bounty, which include: 

(a)   Being thrown in the River of Life, and growing anew.

(b)  Emerging from the river like pearls with jewels around their necks

(c)  Being given everything that they see in Paradise.

(d)  Their thinking, because of the blessings and the ultimate joy they experience, that Allaah has honoured them with something that He has not bestowed upon anyone else.

(e)   He will bestow His pleasure upon them and never be angry with them again. 

The honour that Allaah will bestow upon these people who enter Paradise is confirmed in the following hadeeth: 

It was narrated from ‘Abd-Allaah ibn Mas’ood that the Prophet (peace and blessings of Allaah be upon him) said: “I know the last of the people of Hell to be brought forth, and the last of the people of Paradise to enter therein. It will be a man who will emerge crawling from Hell, and Allaah, may He be blessed and exalted, will say to him: ‘Go and enter Paradise.’ He will come to it and it will appear to him to be full. He will go back and say, ‘O Lord, I found it full.’  Allaah, may He be blessed and exalted, will say to him: ‘Go and enter Paradise.’ He will go to it and it will appear to him to be full. He will go back and say, ‘O Lord, I found it full.’ Allaah, may He be blessed and exalted, will say to him: ‘Go and enter Paradise, and you will have the equivalent of the whole world and ten times as much.’ He will say, ‘Are You mocking me – or laughing at me – when You are the Sovereign?’” He said: And I saw the Messenger of Allaah (S) smile so broadly that his molars appeared. And he said: “That will be the lowest of the people of Paradise in status.” 

Narrated by al-Bukhaari (6202) and Muslim (186). 

4 – They will be known as al-Jahannamiyyoon (the hellish ones) or “ ‘utaqa’ al-Jabbaar” (those ransomed by the Compeller, i.e., Allaah), then this name will be lifted from them. 

The name al-Jahannamiyyoon is the plural of jahannami, i.e., hellish (of or pertaining to Hell), What is meant is that Allaah has ransomed them from Hell. 

It was narrated from Anas ibn Maalik that the Prophet (peace and blessings of Allaah be upon him) said: “Some people will be brought forth from the Fire after its flames touch them (and change their colour), then they will be admitted to Paradise, and the people of Paradise will call them al-Jahannamiyyoon.” 

Narrated by al-Bukhaari (6191). 

Ahmad (12060) narrated from Anas: “… they will enter Paradise and the people of Paradise will say: These are al-Jahannamiyyoon.” But al-Jabbaar (the Compeller – Allaah) will say: ‘No, rather they are the ones ransomed by al-Jabbaar, may He be glorified and exalted.’” 

Classed as saheeh by Ibn Mandah in al-Eemaan (2/847); Ibn Khuzaymah (2/710) and al-Albaani in Hukm Taarik al-Salaah (p. 33). 

Ibn Hibbaan narrated from Abu Sa’eed al-Khudri: “… In Paradise they will be called al-Jahannamiyyoon, because of the blackness on their faces, and they will say: ‘Our Lord, take this name away from us.’ So He will command them to wash themselves in a river in Paradise and will take that away from them.” 

Narrated and classed as saheeh by Ibn Hibbaan (16/457). It was also classed as saheeh by Shu’ayb al-Arna’oot. 

The Prophet (peace and blessings of Allaah be upon him) has told us that one dip in Paradise will cause the Muslim to forget all hardship that he faced in this world, so how about if Paradise is to be his eternal abode? It is not farfetched to assume that this also includes the hardship that the Muslim faced when he was in Hell. 

It was narrated that Anas ibn Maalik said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The most affluent of the people in this world, of those who will go to Hell, will be brought on the Day of Resurrection and dipped once in the Fire. Then it will be said: O son of Adam, did you ever see anything good? Did you ever have any pleasure? He will say: No, by Allaah, O Lord. Then the most destitute of the people in this world, of those who will enter Paradise, will be brought and dipped once in Paradise, and it will be said to him: O son of Adam, did you ever see anything bad? Did you ever experience any hardship? He will say: No, by Allaah, O Lord. I never saw anything bad and I never experienced any hardship.” 

Narrated by Muslim (2807) 

Another indication that one dip in the bliss of Paradise will take away all hardship that came before it, even the hardship of being punished in Hell, in addition to what we have mentioned of their forms being changed after they are thrown into the River of Life, is the report narrated by Muslim (2836) from Abu Hurayrah (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him) who said: “Whoever enters Paradise will enjoy bliss and will not be miserable, his clothes will not wear out and his youth will not fade.” 

This blessing confirms that misery will be erased for the one who enters Paradise, and it is general in meaning and includes everyone who enters it, whether they entered Hell beforehand or not. 

Al-Qaadi said: What this means is that Paradise is the abode of stability and blessing which will not change or be disturbed by any hardship or corruption. Quoted in Tuhfat al-Ahwadhi (7/194). 

For all of these reasons, Allaah tells us about the condition of the people of Paradise when they enter it: 

“And they will say: ‘All the praises and thanks be to Allaah Who has removed from us (all) grief. Verily, our Lord is indeed Oft‑Forgiving, Most Ready to appreciate (good deeds and to recompense).

35. Who, out of His Grace, has lodged us in a home that will last forever, where toil will touch us not nor weariness will touch us’”

[Faatir 35:34-35] 

Shaykh al-Sa’di (may Allaah have mercy on him) said: i.e., the home of eternal abode, the home where one will want to stay forever, because of the many good things therein, and because of the ongoing delight and because there is nothing to disturb this pleasure. 

That is “out of His Grace” towards us and His Bounty, not because of our deeds. Were it not for His Grace, we would not have reached the point we have reached. 

“where toil will touch us not nor weariness will touch us” i.e., there will be no tiredness in body, heart or strength, or because of an abundance of pleasures. This indicates that Allaah will make their bodies physically perfect and will create all means of making their abode there one of continuous delight and pleasure, so that they will not be touched by toil or weariness, or by worry or sorrow. 

Tafseer al-Sa’di (689). 

And Allaah knows best.

He has Hepatitis C – does he have to tell the woman to whom he proposes marriage?

I am a 29 year old civil engineer. Four years ago I found out that I have Hepatitis C. I have proposed to many girls but when the family knows about this disease, they refuse. Although this disease does not move except by transferring blood. Also the virus in my case is dormant; there are no obvious symptoms. Do I have to tell who I propose to?.

Praise be to Allaah.

Firstly:

We ask Allaah to heal you and make you well, and to bless you with a righteous wife and good offspring. 

Secondly: 

So long as this disease is one that people find off putting and they feel reluctant to give their daughters in marriage to one who is suffering from it, then it is regarded as a fault which must be disclosed to the one to whom you propose marriage, and it is not permissible to conceal it, otherwise that is deceit, which is haraam. 

Ibn al-Qayyim (may Allaah have mercy on him) said: With regard to every fault that would put one spouse off the other and prevent the aims of marriage such as compassion and love, the option (of annulling the marriage) must be given. Zaad al-Ma’aad (5/166) 

And he said: The one who studies the fatwas of the Sahaabah and the early generations will realize that they did not limit this option to one fault in exclusion to others. 

And he said: If the Prophet (peace and blessings of Allaah be upon him) forbade a seller to conceal faults in his products and he forbade the one who knows of it to conceal it from the buyer, then how about faults with regard to marriage? The Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Qays when she consulted him about marrying Mu’aawiyah or Abu’l-Jahm: “As for Mu’aawiyah, he is a poor man who has no wealth, and as for Abu’l-Jahm, his stick never leaves his shoulder.” So it is known that disclosing faults is even more important and more essential in the case of marriage. How could concealing a fault and cheating be a cause for making the deal binding, when the fault becomes like a yoke on the neck of a person even though he hates it so much?  End quote from Zaad al-Ma’aad (5/168). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The correct view is that a fault is anything that may cause the aim of marriage not to be achieved. Undoubtedly the aims of marriage include physical enjoyment, service and producing children, which is one of the most important aims. If there is something that prevents these aims being achieved, then it is a fault, so if the husband finds the wife to be infertile or vice versa, this is a fault. End quote from al-Sharh al-Mumti’ (5/274).  

It should be noted that if you are honest and open, there is the hope that you will be helped and provide you with a good wife. You may find someone who will accept that or someone who has the same sickness. All things happen by the will and decree of Allaah. 

And Allaah knows best.

Is it permissible for them to get married and stipulate that they will not have intercourse?

If a married couple is living together without any marital/physical realation (not even once) and they are just like friends, is it halal in islam? and what is the position of such wife according to islam?.

Praise be to Allaah.

Firstly: 

It is not permissible according to sharee’ah for a man and woman who are non-mahrams to live together in the same house. Hence likening a couple living together without having intercourse to friends living together is not proper. 

Both spouses must understand that one of the most important aims of marriage is guarding and maintaining chastity and producing offspring. This cannot be done without having intercourse. 

The Prophet (peace and blessings of Allaah be upon him) encouraged marrying the woman who is fertile, and he told some of his companions not to marry women who could not bear children. 

It was narrated that Ma’qil ibn Yasaar (may Allaah be pleased with him) said: A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: I have found a woman who is of good lineage and high status, but she cannot bear children; should I marry her? And he told him not to (marry her). Then he came to him a second time and he told him not to (marry her). Then he came to him a third time and he told him not to (marry her) and said; “Marry the one who is loving and fertile, for I will be proud of your great numbers.” 

Narrated by al-Nasaa’i (3227) and Abu Dawood (2050); classed as saheeh by al-Albaani in Saheeh al-Targheeb (1921). 

See also the commentary on the hadeeth in the answer to question no. 32668, and question no. 13492. 

But if the two spouses in the marital home agree not to have intercourse, then this is something that could happen and it may be said that it is permissible, in the case of spouses who are sick or elderly and have no desire for intercourse. But if they have the desire for intercourse, then how can they live together without being able to keep themselves chaste? Where will each of them fulfil his or her desire if not with the one with whom Allaah has permitted that?! 

It may also be possible and it may be said that it is permissible if the woman is young and has desire, and she agrees to marry a man who is impotent, has had his penis cut off or is elderly. The opposite may also be said, which is that a man may marry a woman who is sick and has no desire, or is physically incapable of intercourse, if he is able to be patient and seek reward for that, or he has other wives with whom he may fulfill his desires. 

Thirdly: 

The fuqaha’ distinguished between two issues with regard to this matter: 

1 – When it is stipulated in the marriage contract that it is not permissible for them to have intercourse. In this case the condition is invalid, and the contract is invalid according to the majority of scholars. 

2 – When it is stipulated in the marriage contract that they will not have intercourse. In this case it depends, but the most correct view is that the contract is valid and the condition is invalid and carries no weight and has no value, regardless of whether the condition is stipulated by the husband, the wife or both. 

It says in al-Mawsoo’ah al-Fiqhiyyah (44/45): 

The fuqaha’ differentiated in the ruling on this stipulation between two cases, when the condition denies that intercourse is permissible, and when it stipulates that it will not be done. 

This is explained as follows:  

If it is stipulated in the marriage contract that intercourse is not permissible, and that he married her on the basis that it is not permissible for him, then there is no difference of opinion among the scholars concerning the fact that this condition is invalid, but they did differ as to its effect on the validity of the marriage contract. There are two opinions: 

1 – The majority of Shaafa’i, Maaliki and Hanbali fuqaha’ are of the view that both the condition and the marriage contract are invalid, because this condition cancels out the purpose of the contract, and because it contradicts it, because the marriage no longer makes any sense, rather it is an unrealistic contract. 

2 –The Hanafi view is that the condition is invalid, but the contract is valid, because the basic principle according to the Hanafis is that marriage is not invalidated by an invalid condition, rather the condition alone is invalid. 

But if it is stipulated in the marriage contract that there will be no intercourse, the fuqaha’ differed concerning the ruling on that and there are three views: 

1 – The Hanafis and Hanbalis are of the view that the contract is valid but the condition is invalid. As for the invalidity of the condition, it is contrary to the purpose of the contract, and it implies waiving rights that would be binding according to the contract if this condition were not stipulated. As for the contract remaining valid, that is because this condition is something additional to the contract so it does not invalidate it.  

The basic principle according to the Hanafis is that marriage is not invalidated by an invalid condition, rather the condition alone is invalid. 

2 –The Maalikis are of the view that the condition is invalid, and the contract is invalid, because it has been done in a way that is forbidden in sharee’ah. 

Then the Maalikis differed as to the consequences after the contract is done. It was said that the marriage may be annulled before and after consummation, or it was said that it may be annulled before consummation and confirmed afterwards, and this condition is to be waived.  This is the well known view of the (Maaliki) madhhab. 

3 – The Shaafa’is are of the view that if he marries her on condition that he will not have intercourse with her, or he will only have intercourse with her by day, or only once, for example, the marriage is invalid if the condition was stipulated by her, because it is contrary to the purpose of the contract. If it was stipulated by him, then it does not matter, because intercourse is his right, and he may forsake it, and enabling him to have intercourse with her is her duty, and she has no right to forsake it. End quote.  

Fourthly: 

The woman should not agree to this marriage, and the man should not agree with the woman if she does not want there to be any intercourse between them. They should both understand that this is contrary to sound fitrah (human nature). Allaah has created in men an inclination towards women, and He has created in women an inclination towards men. There are some people who direct their desires in haraam ways, and some who direct them in halaal ways. Marriage is one of the laws of Allaah in which He has permitted the man and woman to come together and has created affection and compassion between them, and has brought forth children and offspring from them. 

Allaah says (interpretation of the meaning): 

“And Allaah has made for you Azwaaj (mates or wives) of your own kind, and has made for you, from your wives, sons and grandsons, and has bestowed on you good provision. Do they then believe in false deities and deny the Favour of Allaah (by not worshipping Allaah Alone)”

[al-Nahl 16:72] 

“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] 

Marriage is the way of the Messengers (peace and blessings of Allaah be upon them), and they are the best of mankind. Allaah says (interpretation of the meaning): 

“And indeed We sent Messengers before you (O Muhammad صلى الله عليه وسلم), and made for them wives and offspring”

[al-Ra’d 13:38] 

“At that time Zakariyya (Zachariya) invoked his Lord, saying: ‘O my Lord! Grant me from You, a good offspring. You are indeed the All-Hearer of invocation’”

[Aal ‘Imraan 3:38] 

And Allaah knows best.

Her brother is going to marry a corrupt girl and his family want to deprive him of his inheritance

My older brother has been studying in the xxx. for approximately 7 years now.We belong to a very conservative family with strict principles. In the last year he has gotten involved(intimately) with a girl who is muslim and belongs to the same country except she is very 'Westernised'. They have decided to get married except my parents do not agree to the marriage on the terms that the girl is not islamic i.e.she doesnt wear conservative clothing, and she drinks, etc..My parents have tried very hard to desuade my brother but he has become evn more adamant and is threatening to go ahead with the marriage whether they support him or not. Consequently my parents have threatened to cut off all ties from him, and cut off his inheritance.
MY question is is my brother right to marry this girl with who he is intimately involved against my parents wishes?And is it right for my parents to disagree to the marriage on the terms i have stated and cut him off his inheritance?

Praise be to Allaah.

With regard to the question of marriage, if you have any authority or influence over your brother and can convince him to give up the idea of marrying this woman, then remember that the Messenger of Allaah (peace and blessings of Allaah be upon him) commanded the Muslim to marry the woman who is religious. This woman is sinful and goes against the religion, she is not modest in her dress and she drinks wine, so he should not marry this woman.

With regard to the issue of his disobedience towards his parents, this sin is more serious than the one mentioned above. They have told him to obey Allah and to keep away from sin, so he must obey them and avoid going against their wishes. Your family’s rejection of this marriage is quite correct according to sharee’ah, because they are enjoining what is good and forbidding what is evil, and seeking to control one who is insane.

It is permissible, indeed it is necessary, to forsake him if doing so will stop him from going ahead, because marriage to this woman will keep him away from his religion. In America and in other kaafir countries there are many individuals in the Indian, Pakistani and Arab communities who have forsaken their religion and are no longer Muslim in anything but name.

As regards depriving him of his inheritance, this should not be done unless he becomes an apostate (leaves Islam). So long as he is within the pale of Islam, and does not do anything to put him outside of Islam or to make him a kaafir, then it is not permissible to deprive him of his inheritance, because this is something prescribed by Allaah, and as such it is not permissible to change it. 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 start to see the basic of Islam and why it was reviled you bet it was vituperated and verity teaching of holy Quran and with tajweed quran we read Quran we can understand better all the responses that are necessitated 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 Holy Writ with there translation and the context of when those verses were reviled and why and that is only potential when we keep with not simply learning quran for beginners but gaining the information of Quran tafseer and one inquiry 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 humen activity 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 identical that the reasons why we are here in the world but if yes then whom we have to respond is there any God Almighty 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 task. We all must do quran memorization and listen to quran online when ever we have time to stay in touch

Ruling on marriage contract with one who was not praying then Allaah guided him

I wonder if you could please answer my question as it worries me alot. My husband didn't pray at the time I got married, three years ago. Although shortly after marriage I convinced him to and he does now. I was wondering whether this marriage is null considering that at the time of the Nikkah, he didn't pray. What can I do now?

Praise be to Allaah.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked about a marriage contract with one who was not praying then Allaah guided him. He said: 

If the wife, like the husband, was not praying at the time of the marriage contract, then the marriage is valid, but if she was praying then the contract must be renewed, because it is not permissible for a Muslim woman to marry a kaafir man, because Allaah says (interpretation of the meaning): 

“And give not (your daughters) in marriage to Al Mushrikoon (polytheists, pagans) till they believe (in Allaah Alone)”

[al-Baqarah 2:221] 

This means that Muslim women should not marry them until they become Muslim, because Allaah says in Soorat al-Mumtahinah (interpretation of the meaning): 

“then if you ascertain that they [emigrant Muslim women] are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them”

[al-Mumatahanah 60:10] 

Ruling on a Sunni woman marrying an Ismaili

I have a question on which lifes of two people depends. I will appreciate deeply from my heart if you could answer this question. And i will be really gald if u keep my name confidential. A friend of mine very deeply loves this guy. Now the problem is the girl is sunni and the guy is ismaili. I would i to know if it is possible for them to get married or does their sects matter that much even though they are both muslim and belief in Allah? . 

Praise be to Allaah. 

It is not permissible for this woman to marry this Ismaili man, because the Ismailis are heretics who are beyond the pale of Islam. 

The scholars said concerning their madhhab (school of thought): “It is a way which outwardly is Raafidi but inwardly conceals pure kufr…” 

Ibn al-Jawzi said: “What they say is a denial of the Creator and of Prophethood and of the acts of worship, and denial of the resurrection. But they do not manifest this openly at the beginning. Rather they claim that Allaah is true and that Muhammad is the Messenger of Allaah, and that the religion is true. But they say that these concepts have a hidden meaning which differs from the apparent meaning. Iblees has deceived them and has made their way attractive to them.” 

Similar rulings were applied to other groups besides the Ismailis who follow bid’ah and who were deemed to be kaafirs, such as the Nusayris and the Raafidis. So it is not permitted to marry any of them, or for them to marry any of the Muslims. 

It was narrated that Talhah ibn Musarrif (may Allaah have mercy on him) said: “The women of the Raafidis should not be married, because they are apostates.” 

Shaykh al-Islam (Ibn Taymiyah) said in his discussion of the extreme views of the Raafidis and of the Nusayris and Ismailis concerning ‘Ali, that all of these kuffaar are worse kaafirs than the Jews and Christians. If one of them does not make an open display of that, then he is one of the munaafiqeen (hypocrites) who will be in the lowest level of Hell, and those who do make an open display of that are the worst of the kaafirs in kufr. And he said: it is not permitted to marry their women, because they are apostates and are the worst kind of apostates. 

Concerning the Nusayris he said: the scholars are agreed that it is not permitted to intermarry with them, or for a man to marry his female relative to one of them, or to marry one of their women. 

Mutawaatir reports from the righteous salaf indicate that it is forbidden for a Muslim woman from among Ahl al-Sunnah to marry someone from among the followers of bid’ah who has been judged to be a kaafir, and that this type of marriage is null and void. 

See Mawqif Ahl al-Sunnah wa’l-Jamaa’ah min Ahl al-Ahwaa ‘wa’l-Bida’ by Dr. Ibraaheem al-Raheeli, 1/377-380 

And Al-Taqreeb bayna Ahl al-Sunnah wa’l-Shee’ah, by. Dr. al-Qaffaari, 1/152 

On this basis, it is not permissible for this Muslim woman to marry this man, because he is not a Muslim, even if he claims to be, as was stated above concerning their madhhab. She should not continue thinking of this haraam matter. And Allaah knows best. 

Its the responsibility of every Moslem in learning quran and 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 vilified and verity teaching of holy Quran and with tajweed quran we read Quran we can understand better all the replies that are postulated if we study koran from a qualified Quran tutor he will let you know verity center of Islam and why koran was reviled for it we should gain the information 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 with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is required to ask our self that why we all are here in the world to do good acts or to do bad human activity to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the query remains the very same that reasons why we are here in the world but if yes then whom we have to respond is there any Almighty All these reply can be found when we go deep in to the Quran education do Quran reading and the so let us link up 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

Ruling on performing marriage contracts when one of the couple does not pray

I work as a registrar of marriages. I heard from some of those who I think to be knowledgeable that a marriage contract for a couple where one of the partners does not pray is null and void, and that it is not permissible to perform the marriage contract for them. Is this correct? What should I do if I am asked to do such a contract? Please advise me, may Allaah reward you.

Praise be to Allaah. 

If you know that one of the couple does not pray, then do not perform the marriage contract, because not praying is kufr. The Prophet (peace and blessings of Allaah be upon him) said, “Between a man and shirk and kufr there stands his giving up prayer” (narrated by al-Bukhaari and  Muslim in their Saheehs). And the Prophet (peace and blessings of Allaah be upon him) said: “The covenant that stands between us and them is salaah; whoever neglects it is guilty of kufr” (narrated by Imaam Ahmad and the fours authors of Sunan, with a saheeh isnaad). We ask Allaah to put the affairs of the Muslims right, and to guide those who have gone astray, for He is All-Hearing and Ever Near.

He does not pray and he lives with his girlfriend; he wants to repent and marry her

There is a French Muslim man who does not pray or fast, and he lives with his Christian girlfriend. He wants to repent and fast, but he is using the fact that this woman is living with him as an excuse. Is it permissible for him to marry her now, knowing that tomorrow is the first day of Ramadaan? If that is permissible, then what is the prescribed shar’i procedure for that?.

Praise be to Allaah.

This person and others should note that not praying is kufr which puts a person beyond the pale of Islam. Islam does not accept for any of its followers not to pray or fast and to live with a girlfriend. 

What you have to do is to advise him and explain to him what Islam really is, which is submitting to the rulings of sharee’ah. The Muslim should be an example to others, especially in that (non-Muslim) country, for he is not representing himself only, rather he is representing Islam which he has embraced and committed himself to. So he has to give up the sin that he is committing and adhere to the rulings of sharee’ah, especially prayer which is the thing that distinguishes between Islam and kufr.

 Secondly: 

We are very happy to learn that he wants to repent, so what is stopping him from repenting? Allaah rejoices over the repentance of His believing slave. When a person turns to Allaah, Allaah turns to him and forgives his sin. So he should hasten to repent and not delay it or make it conditional upon certain things happening, lest he dies without having repented and he meets his Lord with a burden of sin and may even meet Him in state of kufr. 

Tell him that Allaah turns bad deeds into good deeds for the one who repents. Allaah says (interpretation of the meaning): 

“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”

[al-Furqaan 25:70] 

So he must hasten to repent by giving up all that he is doing that incurs the wrath of Allaah, namely not praying and living with his girlfriend. 

See the answers to questions no. 624, 13990, 34905, 22912. 

Thirdly: 

If he repents to Allaah, he should note that it is not permissible for him to marry that girlfriend, not because she is Christian, but because she is a zaaniyah (fornicatress) – according to what he has said. One of the conditions of marrying a woman of the People of the Book (i.e., a Jewish or Christian woman) is that she should be chaste, not a fornicatress or a woman who has a lover or boyfriend. Allaah says (interpretation of the meaning): 

“Made lawful to you this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (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 girlfriends”

[al-Maa’idah 5:5] 

Allaah has stipulated that in order to marry them, they must be chaste. It is not permissible for a Muslim to marry a woman of the people of the Book who is not chaste. Even if a woman is a Muslim but she is not chaste, it is not permissible for a chaste Muslim man to marry her. Allaah says (interpretation of the meaning): 

“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik. Such a thing is forbidden to the believers (of Islamic Monotheism)”

[al-Nur 24:3] 

For more details on this issue, please see the answer to question no. 11195 and 2527. 

If he wants to marry her, that can only happen after he repents and comes back to Islam by starting to pray, and after they both repent from zina (fornication). 

This applies if he wants to marry her. 

The duty of being sincere (naseehah) compels us to tell him of the best way we know of setting straight both his religious and worldly affairs, which is that he should repent to Allaah sincerely, and hasten to leave this woman without any hesitation or delay, and look for another woman who is a chaste, believing Muslim. If he repents to Allaah, he will need someone who understands her religion and will stand by him and encourage him to obey the Most Merciful after this deviation. As for that woman, even if she repents from fornication she will never be able to help him to obey Allaah and she will never be trustworthy with regard to his household, his wealth and his honour, and she will never be fit to raise his sons and daughters. We mean nothing but good by offering this sincere advice. Let him use his mind and avoid being emotional, then he will know that this is right. 

If he looks around him, he will see other Muslims who have married non-Muslim women, and how bad their situations are, and how they regret it and wish that they had not married non-Muslim woman. 

See also the answer to questions no. 20227 and 45645. 

And Allaah is the Source of strength.