He married a woman before the end of her ‘iddah following the death of her husband

A man married a woman who was still in ‘iddah following the death of her husband, before the ‘iddah ended. This happened thirty years ago without any knowledge of Islam, and now she has children from her second husband. What should she do?.

Praise be to Allaah.

Firstly:

What is required of a woman after her husband dies is to observe an ‘iddah of four months and ten days from the date of his death, if she is not pregnant, because Allah, may He be exalted, says (interpretation of the meaning):

“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days”

[al-Baqarah 2:234]

If she is pregnant, then her ‘iddah lasts until she gives birth, because Allah may He be exalted, says (interpretation of the meaning):

“And for those who are pregnant (whether they are divorced or their husbands are dead), their Iddah (prescribed period) is until they deliver (their burdens),”

[at-Talaaq 65:4].

If she gets married during the ‘iddah, then her marriage is invalid according to scholarly consensus, and they must be separated. Continue reading

She wants to get married but her sons refuse

I have a question that has to do with my mother, who is asking us as her sons to approve of her marriage to a man whom we do not know and who is a stranger to us. Please note that my father died seven years ago and, moreover, she is sixty-three years old. She went with this person to the registrar to record their marriage without our knowledge, but the shaykh refused and stipulated that one of her sons should be present. When we refused to do that, she said that she would never forgive us for not accepting. I hope that you can advise us of a solution to this problem.

Praise be to Allaah.

Firstly:

If the husband has died and the woman wants to marry someone who is religiously committed and of good character, the guardian is obliged to arrange that marriage, whether the guardian is her father or her son, if the father is not there. And it is not permissible for anyone to prevent her, because this is one of her rights. It makes no difference whether the woman is old or young, or whether she has children or not.

The fact that the woman is old is not a barrier to her getting married, because there are many benefits in marriage, such as the woman’s need for someone to look after her affairs, take care of her, and keep her company in her house, instead of her living alone in her house with no company.

What you have to do is ask about this man who has proposed to your mother; if he is good in terms of religious commitment and character, then you have to arrange the marriage and it is not permissible for you to refuse to do so.

And Allah knows best. Continue reading

He married her in a ‘urfi marriage, then he divorced her three times. Is it permissible for him to marry her after that in a valid marriage without her first having been married to another husband?

I married my second wife in a ‘urfi [unofficial] marriage, so that my first wife would not know and ask for a divorce. There were some problems during the period of our short marriage which resulted in divorce three times. After that, I heard in a fatwa that ‘urfi marriage is haraam and is regarded as zina. Does that mean that it is possible for me to marry my second wife in an official, shar‘i marriage without her first having been married to another husband? Please advise me, may Allah reward you. Only Allah knows the extent of suffering that we are going through now, because life with my first wife is soon going to end at the request of my first wife. That will allow me to marry the second wife in an official, shar‘i marriage and announce it to the entire world. Is ‘urfi marriage really haraam and not recognised?.

Praise be to Allaah.

If what you mean by ‘urfi marriage is that you married the woman in a valid, shar‘i marriage with a mahr, and in the presence of witnesses and the woman’s wali (guardian), but you did not announce it to people or have it documented in the court, and you concealed it from your first wife, then it is a valid marriage according to Islam, and divorce, if it happens, is valid beyond any doubt. So it is not permissible for you to (re)marry her after having divorced her three times, until she has been married to another man in a genuine marriage, not a tahleel marriage (one aimed at making it permissible for her to go back to her first husband). The Prophet (blessings and peace of Allah be upon him) cursed the muhallil and the muhallal lahu. [The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.]  Continue reading

She was raped when she was small and now she wants to get married

I am suffering from a problems that is psychological and social at the same time. When I was small I was raped by one of my relatives and I am not sure that he caused me to lose my innocence (virginity), which had a negative impact on my psyche. I used to cry all night when I was sleeping and no one realised. Then during secondary school, before university, a young man came to our house to study and he told me that he wants to marry me. I told him everything quite frankly and he replied that it is in the past and that he does not mind. I will not hide from you the fact since that time we have spoken on the phone frequently and my family are aware of that. Now he is in the last year of university. I want to know, is that haraam? And am I considered as submitting to the decree of Allah? If that is not the case then what should I do?.

Praise be to Allaah.

Firstly:

A person may not know the real reason for which Allah tests him in this world until the Day of Resurrection, when he will discover the high status that Allah, may He be exalted, has prepared for him in Paradise if he is patient and seeks reward. At that time he will realise that Allah, may He be exalted, tried and tested him by His grace and in His wisdom.

It was narrated from Jaabir (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “On the Day of Resurrection, those who were hale and hearty will wish that their skin had been cut with scissors, when they see the reward of those who were put to trial.” Continue reading

Is it better for her to get married or to dedicate her life to her elderly parents?

Which is better for 21-year-old muslimah, get married or didecate her life for her parents who are old already, and her two-brothers who are still young and need her financial support for their education?.

Praise be to Allaah.

There is no doubt that honouring one’s parents is one of the greatest ways of doing good and one of the widest gates of Paradise.

‘Abdullah ibn Mas‘ood (may Allah be pleased with him) said: I asked the Messenger of Allah (blessings and peace of Allah be upon him): O Messenger of Allah, which deed is best? He said: “Prayer offered on time.” I said: Then what? He said: “Honouring one’s parents.” I said: Then what? He said: “Jihad for the sake of Allaah.”

Narrated by al-Bukhaari, 2782; Muslim, 85.  Continue reading

She got married without a guardian through the courts

My older sister recently signed a marriage contract in the Country of Tunisia with a Muslim Man. She completed the marriage contract without her parents knowledge or families knowledge. Although the marriage has not been consummated and their must still be an Islamic marriage contract that must be completed، Tunisian law allows for a woman to make a marriage contract without family presence. My question is whether the marriage contract is halal or haram because of the fact that her family specifically her parents did not know about the marriage.
Her stance is that she has had very little support from her family to get married as they made little effort in the past to help her find a mate. I personally feel that her marriage is invalid but I dont know as I am not an expert with the laws of Islam. If the marriage is haram what would be the next step، should they file for divorce or something else.
I greatly appreciate if you can answer this question as this issue is difficult for our family and we need some guidance.

Praise be to Allaah.

In order for a marriage contract to be valid it should be done by the woman’s guardian or representative. The woman does not have the right to give herself in marriage, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian.” Narrated by Abu Dawood, 2085; al-Tirmidhi, 1101; Ibn Maajah, 1881, from Abu Moosa al-Ash ‘ari. Classed as saheeh by al-Albaani in Saheeh at-Tirmidhi.

And he (blessings and peace of Allah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is valid, her marriage is invalid.”

Narrated by Ahmad, 24417; Abu Dawood, 2083; at-Tirmidhi, 1102. Classed as saheeh by al-Albaani in Saheeh al-Jaami‘, 2709. Continue reading

His father built a house with a riba-based loan. Should he get married in it?

My family want me to get married but I cannot afford it. They asked me to build a room within the walls of the house and I agreed to that, then after that I found out that this house was built with riba, as was the wall, so I refused. My father took this loan before he learned that this kind of loan is haraam. What advice can you offer to me and my father?.

Praise be to Allaah.

If your father took this loan before he found out that it is haraam to take a riba-based loan, then we ask Allaah to pardon him, but he has to repent to Allaah for failing to seek essential knowledge and ask those who had knowledge. There is no sin on you for living in this house and making use of the room, but you should resolve not to engage in riba again, and to ask the people of knowledge before entering into any financial transactions that are common nowadays and which may involve kinds of haraam things of which many people are unaware.

The Standing Committee for Issuing Fatwas was asked about a person who took out a riba-based loan and built a house with it, and he is asking whether he should demolish the house, although he took the loan not knowing that it was haraam.  Continue reading

Can he get rid of interest by giving it to his married daughters?

There is a person who used to put his money in the bank, and he got interest for it. He wants to get rid of this interest. Is it permissible for him to give it to his married daughters, knowing that they are not well off?.

Praise be to Allaah.

Putting money in the bank in return for interest is emphatically haraam and is a major sin. Allaah says (interpretation of the meaning):

“O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers.

279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)”

[al-Baqarah 2:278-279]  Continue reading

Should he take a riba-based loan in order to get married?

I have been engaged for one year and seven months, and before that there was a relationship that lasted for one year and seven months. Until now I cannot afford the dowry and a little living expenses. My situation, by Allaah, is very critical and painful and because I have too many responsibilities on my shoulders and because I have no reliable source of income apart from the mercy of Allaah, I have no choice but to take out a marriage loan, because I can no longer bear to carry on like this and people are starting to talk which is causing me a great deal of anguish. By the way, as for my relationship with that girl, nothing has happened but that which is pleasing to Allaah and His Messenger. Allaah is a witness to what I am saying. Please note that I am the head of a family composed of six girls and two boys, and I have committed to sponsoring my brother through university.

Praise be to Allaah.

If the loan you are asking about is a goodly loan that is to be paid off without paying interest, then there is nothing wrong with you taking it, and may Allaah help you to pay it off. The Prophet (peace and blessings of Allaah be upon him) said: “There are three who are promised the help of Allaah: the mujaahid who is striving for the sake of Allaah, the slave who has a contract of manumission which he intends to pay off, and the one who wants to get married with the intention of remaining chaste.” Narrated by al-Tirmidhi (1655), al-Nasaa’i (3120); classed as hasan by al-Albaani in Saheeh al-Tirmidhi.

And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever takes people’s wealth intending to pay it off, Allaah will help him to pay it off, but whoever takes it intending to use it up (without repaying), Allaah will destroy him. “

Narrated by al-Bukhaari (2387).  Continue reading

Using a credit card to get married

I have to go backhome next month after 5year and have to get married but i dont have mony and i have no one who can give me a loan can i take money from my credit card i have no other way pleas give me some ans.

Praise be to Allaah.

Riba (usury, interest) is one of the things that are definitively forbidden in Islamic sharee’ah.

1 – Allaah says (interpretation of the meaning):

“Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein”

[al-Baqarah 2:275]  Continue reading