Is the intention (niyyah) a condition for combining prayers?

Is the intention (niyyah) a condition for it to be permissible to combine prayers? Often they pray Maghrib without any intention of combining prayers, then after praying Maghrib they consult one another and decide to combine (the prayers), then they pray ‘Ishaa’.

Praise be to Allaah.

There is a difference of opinion among the scholars, but the most correct view is that the intention is not a condition when starting the first prayer, rather it is permissible to combine the prayers after finishing the first prayer, if the condition (for combining the prayers) is present, such as fear, rain or sickness. Continue reading

It is not a condition of divorce that the wife should know or that she should be divorced face-to-face

I have been divorced for three years now. the proceedings were done through a solicitor. my ex husband did not contest therefore it was done through agreement between us. what i would like to know he has never verbally said ‘talaq’ to me. i have asked a few people, they tell me that under the islamic law i am divorced, and some people tell me that he has to say it verbally. please clarify this for me, as it is affecting me. i initiated the divorce on grounds of violent behaviour.

Praise be to Allaah.

It is not a condition of divorce that the husband should speak the word in front of his wife or that she should know of it. When the man speaks the words of divorce, or writes them down, this is regarded as a valid divorce that takes effect, even if the wife does not know of it.

If your husband has completed divorce proceedings with a lawyer then this divorce is valid and effective. Please see questions 9593 and 20660.

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

A man has been away from his wife for a long time, and he had divorced her to himself, even though he did not inform her of that. Has divorce taken place?

He replied:

The divorce has taken place, even if he did not convey that to his wife. If a man utters the words of divorce and says, “I divorce my wife”, the wife is divorced whether she knows it or not. Hence if we assume that the wife does not come to know of this divorce until after she has had three menstrual cycles, then her ‘iddah is complete even if she did not know. Similarly if a man dies and his wife does not come to know of his death until after the end of the ‘iddah period, then she does not have to observe ‘iddah because in this case it is already over.

Fataawa Ibn ‘Uthaymeen, 2/804. Continue reading

The wife’s consent is not a condition of taking her back after divorce

If a man divorces his wife in a fit of temper, then two weeks later he comes to take her back, but she does not agree to go back to him, because he is unjust and has a number of wives, and he does not treat them fairly and he had forsaken her for more than a year – does she become haraam for him and is she regarded as divorced, or what?.

Praise be to Allaah.

Firstly:

The divorce issued by one who is angry and does not know what he is saying because of his anger or temper does not count as such. But if his anger did not affect his reasoning, and he knew what he was saying, then it does count as a divorce. The issue of divorce at times of anger has been discussed in the answers to questions no. 45174 and 22034.

Secondly:

The husband has the right to take his wife back and it is not essential that she agree to that, so long as he is taking her back within the ‘iddah of a first or second talaaq, because Allaah says (interpretation of the meaning):

“And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allaah has created in their wombs, if they believe in Allaah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. 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, but men have a degree (of responsibility) over them. And Allaah is All-Mighty, All-Wise”

[al-Baqarah 2:228]

This verse points to the conditions of taking back the wife, which are:

1-    That it applies to talaaq (divorce). If it is the matter of annulment of the marriage, the husband cannot take her back, because Allaah says “And divorced women”.

2-    That it should be a revocable divorce, which can only be a first or second talaaq. The phrase “The divorce is twice” [al-Baqarah 2:229] refers to the divorce where it is possible to take back the wife. If the third talaaq takes place, then he cannot take her back unless she marries another husband in a genuine marriage, then he separates from her in a proper manner after consummating the marriage.

3-    It should be within the ‘iddah period, because Allaah says “And their husbands have the better right to take them back in that period” i.e., during the ‘iddah. If the ‘iddah comes to an end and he wants to take her back, that is only possible with a new marriage contract and mahr.

4-    By taking her back, he should not intend to harm her, rather he should intend to reconcile and set things straight, because Allaah says “if they wish for reconciliation”. If he intended to harm her, she has to prove that to the shar’i judge so that he may rule as he sees fit.

The verse clearly indicates that the wife has no choice in the matter if the husband wants to take her back, and she has no right to refuse to go back to him, because Allaah says “And their husbands have the better right to take them back”. Even if she does not go back to his house, if he says he takes her back and brings witnesses to that, then he has in fact taken her back. Continue reading

The first wife’s approval is not a condition for marrying a second wife

My question is if you would help me to know the Hadith or the point of vieuw from the Islamic law on the follwing situation.
If a woman is married to a man and that this man is also married to an other woman without her, the last, knows about this marriage.
No need to say that this is a difficult and very exceptional situation but seems the best concerning the circumstances?

Praise be to Allaah.

The wife’s approval is not a condition for plural marriage, and it is not obligatory for the husband to have the approval of his first wife if he wants to marry a second wife. But it is good manners and kind treatment to approach the issue in such a way as to reduce the pain which women naturally feel in such cases, by smiling at her, greeting her warmly, speaking nicely to her and spending money on her according to his means, in order to gain her approval. Fataawa Islamiyyah, 3/204.

If a husband takes a second wife, he has to treat his wives equally as far as possible. If he does not treat them equally then he is exposing himself to a stern warning, for it was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives and inclines more towards one of them than the other, will come on the Day of Resurrection with half of his body leaning.” (narrated by al-Nisaa’i, ‘Ushrat al-Nisaa’, 3881; classed as saheeh by al-Albaani in Saheeh Sunan al-Nasaa’i, no. 3682).

When Allaah permitted us to marry more than one woman, He said (interpretation of the meaning):

“but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”[al-Nisaa’ 4:3]

So Allaah commands that a man should restrict himself to one wife, if he knows that he cannot be just. And Allaah is the source of strength.

See Fataawa Manaar al-Islam, 2/570. Continue reading

A father puts the condition that he should get something for himself in addition to the mahr which is agreed to for his daughter at the time of the wedding contract (nikaah)

There is a custom in some societies for the father to put the condition that he should get something for himself in addition to the mahr which is agreed to for his daughter when she gets married. Does he have the right to this or not?

Praise be to Allaah.

Ibn Qudaamah (may Allaah have mercy on him) said: ‘Issue: if she gets married on the condition that she will get one thousand and her father will get one thousand, this is permissible, and if she is divorced before the marriage is consummated … the conclusion is that the father of the woman is allowed to put the condition that he will get some part of his daughter’s dowry for himself. This is the opinion of Ishaaq, and it was reported that when Masrooq married his daughter off, he put a condition that he would get ten thousand for himself, which he spent on Hajj and on the poor, then he said to the husband: “Provide your wife with what she needs [e.g., buy her clothes and furnish a house for her].” Something similar was reported from ‘Ali ibn al-Husayn.’

‘Ataa’, Tawoos, ‘Ikrimah, ‘Umar ibn ‘Abd al-‘Azeez, al-Thawri and Abu ‘Ubayd said: ‘All of the mahr is for the woman… because the mahr must not be given to anyone but the wife, as a compensation for intimacy with her…

Our evidence for this is the words of Allaah in the story of Shu’ayb, upon whom be peace (interpretation of the meaning): “He said: ‘I intend to wed one of these two daughters of mine to you, on condition that you serve me for eight years…’” [al-Qasas 28:27] Here the father, Shu’ayb, made his employing Moosa to look after his sheep his dowry, which was a condition that he would get something for himself. Moreover, a father has the right to take from the wealth of his child, on the basis of the Prophet’s words, “You and your wealth belong to your father,” and “Your children are among the best of your earnings, so consume from their wealth.” (Reported by Abu Dawood; a similar report narrated by al-Tirmidhi, who said, a hasan hadeeth). If a father puts the condition that he will get something for himself from the dowry, this means that he will be taking something from his daughter’s wealth, and he has the right to do this… A father has the right to take whatever he wants and leave whatever he wants, and he could take it   with this condition or without it… This is provided that he is not unfair in his taking from his daughter’s wealth; if he is being unfair, then the condition is not valid, and the entire dowry belongs to the bride.’

He also said (may Allaah have mercy on him): ‘Section: If any guardian other than the father, such as the grandfather, brother or (paternal) uncle puts such a condition, it is invalid. This is the opinion of Ahmad, and all the mahr agreed upon belongs to the bride.’ Continue reading

He wrote a list of furnishings for her on condition that she lives with him without causing problems for one year

A an agreement has been written for a wife, signed by her husband with a condition that she will receive certain furniture after one year if she does not make problems for her husband. But she started creating troubles only after a month, always being in the wrong. What should the moderator who has kept the agreement do?.

Praise be to Allaah.

Firstly: This list of furnishing must be one of two things:

(i)                It is part of the mahr (dowry), as is done in some countries, so the mahr is what is given to the wife of gold or cash, and what is written for her such as a list of furniture, and a deferred payment may also be added to that. If this is the case, and this list is part of the mahr, then it is an addition to the mahr that is based on a condition, which is that the wife commits herself to live without problems with the husband for a year. Making the addition to the mahr conditional upon something is a matter concerning which there is a difference of opinion among the fuqaha’. Some of them do not allow it, and some of them do allow it.

Shaykh Ibn ‘Uthaymeen, in al-Sharh al-Mumti’ (12/268-270) was of the view that this condition is permissible if it serves a valid purpose, and undoubtedly the good behaviour of the wife towards her husband is a valid purpose. Based on that, this condition is valid and you do not have to give her the list of furnishings because she did not fulfil the condition.

(ii)              This list is not part of the mahr, rather it is a gift from the husband which he has made conditional upon the wife behaving properly and not causing any problems for a year.

Giving a gift with conditions is valid, and it need not be given unless the condition is met. This is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), as was narrated from him in al-Insaaf (7/133).

To sum up: The wife is not entitled to this list, because she did not fulfil the condition, whether the list was part of the mahr or it was a gift with conditions stipulated by the husband.

But, if there is a dispute and the wife claims that she fulfilled the condition, and that the shortcomings and transgression were on the part of the husband, then in this case the matter should be referred to the sharee’ah court, or to a man of knowledge who can judge between them and settle the dispute.

And Allaah knows best. Continue reading

Limits of looking at one’s fiancée and the ruling on touching her and being alone with her. Is her permission a condition of being allowed to look at her?

I read the hadiths about the prophet peace be upon him allowing the man to see the woman before deciding whether to marry her or not. My questions is, what exactelly is the person allowed to see exactelly?
Is he allowed to see her hair (entire head) ?

Praise be to Allaah.

Islam commands us to lower our gaze and forbids looking at non-mahram women. This is in order to purify people’s souls and protect their honour. There are, however, certain exceptions in which it is permissible to look at a non-mahram woman for reasons of necessity, one of which is in the case of proposing marriage, because it is the basis on which a very important decision affecting a person’s life will be taken. There are texts which indicate that it is permissible to look at one’s fiancée, as follows:

From Jaabir ibn ‘Abd-Allaah: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘If one of you proposes marriage to a woman, if he can look at her to see that which will encourage him to go ahead and marry her, then let him do so.’ I proposed marriage to a young woman, and I used to hide where I could see her, until I saw that which encouraged me to go ahead and marry her, so I did so.’” According to another report he said, ‘a young woman of Bani Salamah. I used to hide from her, until I saw that which encouraged me to go ahead and marry her, so I did so.” (Saheeh Abi Dawood, no. 1832, 1834)

From Abu Hurayrah: “I was with the Prophet (peace and blessings of Allaah be upon him) when a man came and told him that he had married a woman of the Ansaar. The Messenger of Allaah (peace and blessings of Allaah be upon him) said to him, ‘Have you seen her?’ He said, ‘No.’ He said, ‘Go and look at her, for there is something in the eyes of the Ansaar.” (Reported by Muslim, no. 1424; and by al-Daaraqutni, 3/253 (34))

From al-Mugheerah ibn Shu’bah: “I proposed marriage to a woman, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Have you seen her?’ I said, ‘No.’ He said, ‘Look at her, because it is more fitting that love and compatibility be established between you.’” According to another report: “So he did that, and he married her and mentioned that they got along.” (Reported by al-Daaraqutni, 3/252 (31, 32); Ibn Maajah, 1/574)

From Sahl ibn Sa’d (may Allaah be pleased with him): “A woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, I have come to give myself to you (in marriage).” The Messenger of Allaah (peace and blessings of Allaah be upon him) looked at her closely, then he lowered his head. When the woman saw that he had not made a decision about her, she sat down. One of his Companions stood up and said, O Messenger of Allaah, if you do not want her, then marry her to me…’” (Reported by al-Bukhaari, 7/19; Muslim, 4/143; al-Nisaa’i, 6/113 bi Sharh al-Suyooti; al-Bayhaqi, 7/84)

The sayings of the scholars on the extent to which one may look at one’s fiancée Continue reading

Ruling in the case where the fiancee puts a haraam condition in the marriage contract

What is the ruling in a case where the fiancée puts the condition that there should be a dog in the marital home?

Praise be to Allaah.

We put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who replied as follows:

This is an invalid condition, and if he has got married on this condition, he does not have to fulfil it. Continue reading

She stipulated a condition in her marriage contract that has been invalidated by a change in the law of the land

Assalam Aleakm Wa rahmat alah wa brakatah…
My sister came to England for medical treatment.
One of the brothers proposed to marry her.
There were conditions from my sister that he has to be his staying legal in the UK “i.e.
our agreement based upon this condition”.
The orator has been living in the UK for 13 years.
There is a low saying that “if any one has lived in the UK for 14 years continuously he automatically be granted the UK nationality. After we write the marriage certificate “according to Islamic low” we founded that the low was not applicable any more. The wedding did not take place.
My question is the marriage has been canceled.
If we want the marriage to be continued do we have to do a new marriage with new conditions.
Please reblay as soon as possoble….
Zazak Alah khaure

Praise be to Allaah.

Your sister has the right to what she stipulated as a condition, because of the hadeeth, “The Muslims are bound by their conditions.” If the marriage contract has been completed, she can ask for an annulment from the sharee’ah judge (qaadi) – if there is a reliable sharee’ah judge – or from the leader of the Muslim community in that country. If she wants to stay in the marriage, she can do that too, and there is no need to repeat or renew the marriage contract. And Allaah knows best. Continue reading

Adulthood is a condition of being a witness to marriage

Can children been considered witnesses in verbal marriage agreement?.

Praise be to Allaah.

In order for a marriage to be valid, it is stipulated that it be witnessed by two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian) and two witnesses of good character. Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 7557.

With regard to the witness, it is stipulated that he be male, an adult and of sound mind. The testimony of a child, woman or insane person is not valid.

It says in Sharh Muntaha’l-Iraadaat (2/648): The marriage contract cannot be done except with the witness of two males who are adults, of sound mind, able to speak and hear, Muslims – even if the wife is a dhimmi (Jew or Christian living under Muslim rule) – and of good character, even if it is only outwardly. End quote.

It says in al-Mawsoo’ah al-Fiqhiyyah (41/296): The Hanafis, Maalikis, Shaafa’is and Hanbalis are of the view that the two witnesses to marriage must be mukallaf i.e., adults of sound mind. The testimony of an insane person is not acceptable, according to scholarly consensus. And a child cannot be a witness, because the Prophet (peace and blessings of Allaah be upon him) said: “Bring two witnesses from among your men,” because children are not among those who can give testimony. End quote.

The presence of witnesses is one of the conditions of marriage being valid, whether the marriage contract is done verbally or in writing, in the event that the husband or wali is unable to speak.

Based on that, it is not valid for children to be witnesses to the marriage contract.

And Allaah knows best. Continue reading