Her father forced her to get married; is this marriage valid and what is the ruling on intercourse in this case?

If a girl is married to a person which is not of his choice and the girl signed the nikah unwillingly by the force or fear of his father. so did this nikah happen or not .1. and no to. if the same girl refuse his husband for doing intercourse and the husband do it forcely so what is this. is this haram zana or jaiz.

Praise be to Allaah.

Firstly:

It is haraam for the guardian (wali) of the woman to force her to marry someone she does not want and does not like, because the Prophet (blessings and peace of Allah be upon him) said: “The virgin should not be given in marriage until her permission has been sought.” Narrated by al-Bukhaari, 6968; Muslim, 1419.

The apparent meaning is that this is general and applies to every virgin and every guardian; there is no difference between a father or any other guardian, hence al-Bukhaari interpreted the hadeeth by saying: “Chapter: The father or other guardian should not give a virgin or previously married woman in marriage except with their consent.”

The woman’s guardian has to fear Allah with regard to his daughters and not give them in marriage to anyone except those with whom they are pleased from among men who are compatible and suitable. The guardian should only give her in marriage for her interests, not for his own. Continue reading

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Forced by her husband to help him get a “Visa” (credit) card

Assalamu Alaikum , my question is I have had a credit card which I applied for when I needed to rent a car. I had been very careful not to exceed on this card what I could pay for every month so that I would not have to pay any interest. During one time of some difficulty I could not pay the entire bill and it incured the interest. After several months I was able to pay it off with the help of my husband who had also used it from time to time. After the bill was paid I told him that I wanted to get rid of the card so that we would not risk falling into this condition again. However my husband wanted me to apply for a card in his name since I was planning to gat rid of mine. He had previously had 2 credit cards of his own which he was unable to pay off. He became very angry and insulting, so to keep the peace I got it for him. He also said that he would be responsible for it if he couldn’t pay it. I have not used the card at all and for the past 6 months he has not been able to pay the entire balance so for all that time it is gathering interest. my question is who is accountable before Allah for this card? Me because I gat it for him Or Him because he asked for it .
If I am responsible for it. What should I do about paying it off since he dosen’t want me to work now and he is unable to make even the minimum payments?

Praise be to Allaah.

You should repent to Allaah, may He be glorified, for helping your husband to do something sinful and wrong by getting this interest-based credit card. Allaah says (interpretation of the meaning): “… Help you one another in al-birr and al-taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression…” [al-Maa’idah 5:2]. You should not have helped him to get this card or responded to his demand for your help, even though he insisted, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience to any created being if it involves disobedience to Allaah, may He be glorified.” (Reported by Imaam Ahmad in Musnad ‘Ali; Saheeh al-Jaami’, 7520). And Allaah knows best. Continue reading

Her family forced her to break her fast because she was sick – were they sinning? Can she fast if she wants to?

My maternal aunt had an accident when she was young and lost one of her eyes, and the doctors decided that this child should not cry or get hungry, because that may affect her remaining eye. So her father would not let her fast when fasting became obligatory for her, based on the doctor’s report. She is a woman who is deeply religiously committed, and after she got married she thought that fasting would not affect her, so she fasted. 
My question is: Now she fasts most of the days (of Ramadaan) so that her father would not be punished, for she loved her father very much (may Allaah have mercy on him) and she wants to ask you: did her parents do anything haraam? Does she have to fast all the months that she missed?.

Praise be to Allaah.

Sickness is one of the excuses which make it permissible not to fast. Allaah says (interpretation of the meaning):

“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[al-Baqarah 2:185]

The ruling on a sick person fasting is that it is either makrooh or haraam. It is makrooh if fasting is difficult for him when he is sick, and it is haraam if fasting will harm him.

For more information on this, please see question no. 50555 and 38532.

A sick person should not stop fasting unless a trustworthy doctor who specializes in that disease testifies that he should do so; some scholars stipulated that the doctor should also be a Muslim.

If a person does not fast on the advice of a doctor, there is no sin on him. If it is a chronic – permanent – disease then he may not fast and he should feed one poor person for each day. If it is a temporary sickness, then he may break the fast and make it up after he recovers.  Continue reading

Sitting beside women on public transport because one is forced to

What is the ruling on a man sitting beside women on public transport knowing that they have no other choice?.

Praise be to Allaah.

Firstly:

For men to mix with women on public transport, at work or in school is haraam, because it leads to great evils as is obvious. The evidence that mixing is haraam has been discussed in the answer to question no. 1200.

Secondly:

If a person has no other choice but to travel on mixed public transport, then he must fear Allaah as much as he can, lower his gaze and not look at haraam things, and avoid sitting beside women as much as he can, even if that means standing, seeking thereby to please Allaah and avoid the fitnah that the Prophet (peace and blessings of Allaah be upon him) warned against: “Beware of women, for the first fitnah among the Children of Israel was because of women.” Narrated by Muslim (2742).

And he said: “I have not left behind me any fitnah more harmful to men than women.” Narrated by al-Bukhaari (5096)and Muslim (2742).

A person can avoid this by changing his seat and so on.

“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]

Thirdly:

If a person has no choice but to use public transit and he cannot change his place or change vehicles, and he cannot stand because that is even more crowded and brings even more contact with women, then there is no sin on him in that case if he sits next to a woman, so long as he keeps away from her as much as possible.

If he fears fitnah for himself and the shaytaan starts to whisper to him and divert his thoughts, then he must get off as soon as he can, no matter how late that may make him for work or school, because there is nothing more precious to a man than his religious commitment, so he must protect it.

We asked Shaykh Ibn Jibreen about the ruling on sitting next to a woman on public transport, and he said that it is permissible as much as it is necessary, if there is no fear of temptation.

And Allaah knows best. Continue reading

If a person makes divorce conditional upon something, then he does that thing by mistake or because he is forced to

I intended that if I did a certain thing, my wife would be divorced with the actual intention of divorce. If I do this thing under compulsion, does divorce take place? If I do this thing repeatedly, does divorce take place each time?.

Praise be to Allaah.

If the matter is limited to the mere intention of divorce, and it was not spoken out loud, then no divorce takes place.

Ibn Qudaamah (may Allaah have mercy on him) said (7/373): Divorce does not take place unless the word of divorce is uttered, except in two cases: the first of which is that of a person who is not able to speak, such as a mute, if he divorces by means of gestures, in which case his wife is divorced. This is the view of Maalik, al-Shaafa’i and ashaab al-ra’y, and we do not know of anyone who disagreed with them. The second case is if he wrote the word of divorce. If he intended it as such, then his wife is divorced. This is the view of al-Sha’bi, al-Nakha’i, al-Zuhri, al-Hakam, Abu Haneefah, Maalik and al-Shaafa’i. End quote.

But if you uttered the word of divorce and made it conditional upon doing a specific thing with the intention of divorce, then divorce takes place when that thing is done, unless you did it as the result of forgetfulness or because you were forced to do it, in which case divorce does not take place.

Ibn Hajar al-Haytami said in al-Fataawa al-Fiqhiyyah al-Kubra (4/178): If a person swears an oath to divorce or do something else if he does  a certain thing, then he does it by mistake, forgetting that condition, or he remembers it but is forced to do that thing, or he chooses to do it due to ignorance of the condition but not the ruling, then he has not broken his oath, because of the report mentioned above (“Allaah has forgiven my ummah for mistakes, forgetfulness and what they are forced to do”). In other words, He will not call them to account for any of these three things, so long as there is no evidence to the contrary such as compensation for damaged property. Doing the action in these cases is like not doing it. End quote.

If what you mean by compulsion is that you were forced to do that action, then divorce has not taken place, but if you are not forced to do it, then divorce has taken place.

If divorce did not take place because of forgetfulness or compulsion, then the conditional divorce remains as is, and if you do that thing later on, then divorce will have taken place.

But does divorce take place every time you do it? That depends on the wording that you uttered. If you said, “If I do such and such my wife is divorced,” then divorce has taken place only once. But if you said: “Every time I do such and such, my wife is divorced,” then divorce is repeated when the action is repeated.

But if you did not say anything and it was only a matter of intention, then no divorce has taken place at all, as stated above.

And Allaah knows best. Continue reading

She was forced to marry someone she did not want. Can she use contraceptive pills?

I got married a short time ago, but I am not happy with my husband. My family forced me to marry him. My problem is that I do not want to have children from him. Is it permissible for me to pray to Allaah not to give me children from him, or is that not permitted? I have read that it is not permissible to use contraceptive pills without the husband’s permission. Is this true?.

Praise be to Allaah.

It is not permissible for the guardian, whether he is the father or anyone else, to marry off anyone under his care without her consent, because the Prophet (peace and blessings of Allaah be upon him) said: “A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.” Narrated by Muslim, 1421.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.” They said: “O Messenger of Allaah, what is her permission?” He said: “If she remains silent.” Narrated by al-Bukhaari, 4843; Muslim, 1419.

Similarly, it is not permissible for a guardian to be stubborn about the marriage of a female under his care, or to prevent her from marrying someone she wants to marry if he is compatible with her. The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your female relative under your care) to him, for if you do not do that there will be fitnah (tribulation) in the land and much corruption.” Narrated by al-Tirmidhi, 1084; classed as hasan by al-Albaani. See also question no. 32580.

With regard to what has happened to you, you have the choice of whether to stay or not. Seek guidance from Allaah (by praying istikhaarah). If you agree to stay in this marriage then all well and good, but if you do not accept to stay with your husband, then you have the right to seek annulment of the marriage, because it took place without your consent. Continue reading

She was forced to marry someone she did not want. Can she use contraceptive pills?

I got married a short time ago, but I am not happy with my husband. My family forced me to marry him. My problem is that I do not want to have children from him. Is it permissible for me to pray to Allaah not to give me children from him, or is that not permitted? I have read that it is not permissible to use contraceptive pills without the husband’s permission. Is this true?.

Praise be to Allaah.

It is not permissible for the guardian, whether he is the father or anyone else, to marry off anyone under his care without her consent, because the Prophet (peace and blessings of Allaah be upon him) said: “A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.” Narrated by Muslim, 1421.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.” They said: “O Messenger of Allaah, what is her permission?” He said: “If she remains silent.” Narrated by al-Bukhaari, 4843; Muslim, 1419.

Similarly, it is not permissible for a guardian to be stubborn about the marriage of a female under his care, or to prevent her from marrying someone she wants to marry if he is compatible with her. The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your female relative under your care) to him, for if you do not do that there will be fitnah (tribulation) in the land and much corruption.” Narrated by al-Tirmidhi, 1084; classed as hasan by al-Albaani. See also question no. 32580.

With regard to what has happened to you, you have the choice of whether to stay or not. Seek guidance from Allaah (by praying istikhaarah). If you agree to stay in this marriage then all well and good, but if you do not accept to stay with your husband, then you have the right to seek annulment of the marriage, because it took place without your consent. Continue reading

She was put under pressure and forced to steal from her maternal aunt

I want to tell you about a problem in the hope that you can help me. I am a young woman, twenty years of age, religiously-committed and educated, from a religiously-committed and very conservative family. I live with my mother and sister, as my father died four years ago, and my only brother died three years before that. I fell victim to a friend who betrayed me and managed to take a picture of me without my knowledge, then she took me by surprise when she tinkered with my picture by using a computer programme and put my head on the body of a woman who was in a very immoral situation, and she demanded that I give her 5000 or she would send the picture to my mother. That evil woman knew that my mother suffers from spasms in her chest because of grief, and she said to me literally: “If you do not give me the money, I will send the picture to your mother and she will have a heart attack and die like your father and brother.”
I admit that I was naïve and I did not handle it well because I was so afraid for my mother and her feelings. She threatened me on the day when we were going to visit my maternal aunt, and I went into my female cousin’s room to pray, and I saw her bracelets, necklaces and jewellery, and I thought of stealing as something that came under the heading of necessity that makes forbidden things permissible. I said to myself: I will only take the chain because its value is sufficient for me, even though the jewels were in front of me, and I thought that if I took something from my own house and stole, my mother would find out, so I resorted to stealing from my aunt’s house. We have a very good relationship with this aunt and she is the dearest and closest of people to us. The only reason why I stole from my aunt’s house was that I could return what I had stolen to my aunt in the form of a gift in the future or some other way. I gave the money to that evil woman and I felt very bad after I had done this, because I had never stretched my hand towards any haraam things before. I am very religiously committed and I am memorizing the Qur’aan. After some time, this evil woman asked me for some more money. In the midst of my pain and suffering, my theft from my aunt’s house was discovered and my mother was shocked. As soon as she asked me I burst into tears and told her about the whole problem. Praise be to Allaah, my mother is a wise woman and trusts me completely, and she understood the situation, and she regards what happened to me and to her as a test from Allaah, but she criticized me sharply for not turning to her and for committing the sin of stealing. She asked me to pray to Allaah for forgiveness and I calmed down, and she thought that this was the end of the matter. My mother explained to my aunt what had happened, and returned to her what I had taken from her, but unfortunately my aunt did not believe it. Now the matter has had other consequences that affect my honour and reputation, and when I am with my family and relatives I am one person and when I am away from them I am someone else. When I swore on the Holy Qur’aan in my aunt’s presence that I was innocent, chaste and righteous, my aunt insisted that what had happened to me was no justification for stealing from her house and that she has lost trust in all young women after what I had done. What made matters worse is that I have a cousin (daughter of my maternal aunt) who always used to say to me: “Have you ever loved someone?” or whatever, and I would respond by saying that I would never go against sharee’ah or religion. When my cousin saw my situation she started to incite her mother against me even more, and there was an argument between my mother who was defending my honour, and my aunt who was accusing me of taking drugs, or that the picture was genuine and was not a fake, and love and affection turned to hatred and resentment.
Our shaykh: I am turning to you to judge between us, for I am a victim who has been accused falsely. I admit that I made a mistake because I committed a sin to get out of this crisis. I admit that I made a mistake because I was not frank with my mother from the beginning, because I was so afraid for her and I thought that I could finish with this matter without her knowing.
I hope that you can judge between us and my aunt so that the love between us may be restored, if only partially, and the relationship may be restored between my mother and my aunt, whom our relatives thought would only ever be parted by death, especially since I am going to give my aunt your answer to read.

Praise be to Allaah.

There follow three messages, addressed to you, your friend and your aunt.

The first message is addressed to you:

1.     We ask Allaah to increase your reward, and to relieve your distress, and to reconcile your family.

2.     We hope that what happened will be a lesson for you and for others, that women should not be careless about their pictures or allowing themselves to have their pictures taken, even with their friends, and they should not trust anyone with regard to such matters, even the closest of people to them such as their sisters, for example,  because she cannot be sure that her sister’s husband will not see them or publish them, let alone trusting a stranger on the grounds of friendship or being related.

3.     You made a mistake before stealing by not consulting people of knowledge and wisdom. When we read your letter, we thought that it would end with your consulting them about what to do with this treacherous friend, and we were shocked by the way things developed and reached such an extent. Perhaps this is a lesson for everyone who finds themselves in such a dilemma to look for a solution with others before it gets even worse, because the more problems develop, the more complicated they get, specially problems that befall women with regard to evil and corrupt people.

4.     What you did with regard to your aunt was absolutely necessary. You told her the truth, restored her rights and swore to her what the truth of the matter really was. She has to believe you and overlook this matter. Remember that being truthful will save a person, and Allaah will cause the truth to be known sooner or later. So be patient and seek the help of Allaah, and persist in making du’aa’, asking Allaah to grant you relief and cause justice and truth to prevail.

5.     We offer you this advice, which you need to discuss with your family and with a lawyer – if possible – because we do not know anything about the laws in your country: why don’t you tell the police about your friend who betrayed you with this picture, because we think that if she is arrested and her computer is inspected, Allaah will suffice you against her evil and the truth will come out in sha Allaah. Continue reading

His mother forced him to fall short with regard to the rights of one of his two wives

If a man has two wives, and his mother forces him to fall short with regard to the rights of one of them, and he gives his wife the choice between staying with him and giving up some of her rights or divorce, and she chooses to stay with him, is it permissible for him to do that?.

Praise be to Allaah.

There is no blame or sin on him if he gave her the choice and she chose to stay, rather the blame and sin is on his mother who is forcing him to do this. If he can advise his mother himself, or through the mediation of someone whom she will listen to, and tell her that it is not permissible for her to do this, and make her fear punishment in this world or in the Hereafter, then this is what he must do, otherwise Allaah does not burden any soul beyond its scope. End quote. Continue reading

She was forced to touch the Mus-haf when she was menstruating

I touched the Mus-haf and read from it when I was menstruating, over a woman who was possessed; she became hysteric and no one could read over her to calm her down. There was no one who could recite well except me, so I was forced to read. What is the ruling on what I did? Is there any sin on me?.

Praise be to Allaah.

It is not permissible for anyone who does not have wudoo’ (whether they are menstruating or otherwise) to touch the Mus-haf according to the majority of scholars, because the Prophet (peace and blessings of Allaah be upon him) said: “No one should touch the Mus-haf except one who is in a state of purity.” Narrated by Maalik in al-Muwatta’, 468; classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 122.

A menstruating woman may recite Qur’aan without touching the Mus-haf, according to the most correct view, such as if she recites what she has memorized, or if she holds the Mus-haf with a cloth and the like. She may also read from a Qur’aan that includes commentary, as is explained in the answer to question no. 2564, 60213.

You should have avoided touching the Mus-haf directly, and held it with something that would have formed a barrier, such as a clean cloth, or worn gloves, or turned the pages with a stick or pen and the like.

However, something forbidden took place. All you have to do is ask forgiveness of Allaah and repent to Him. We ask Allaah to forgive you, and we ask Him to accept your good deed and reward you for helping your sister.

And Allaah knows best. Continue reading