Islam Question and Answer - He divorced her three times during a period of purity (tuhr) in which he had had intercourse with her

He divorced her three times during a period of purity (tuhr) in which he had had intercourse with her

I have been married for four months, and there was an argument between me and my wife. Her mother got involved in the matter and she said something inappropriate to me which made me lose control of myself and I said to her: Your daughter is divorced, divorced, divorced (taaliq, taaliq, taaliq). I also got in touch with her father and said to him: Your daughter is divorced (taaliq). Then I went to my wife in her room and I said to her: You are divorced (taaliq). All of this was because of something inappropriate that her mother said, which made me do this thing without intending to divorce her. My wife and I regretted it the following day. My wife asked one of the shaykhs and he said to her: When is the last time he had intercourse with you? She said: One day before the divorce. He said: Then the divorce does not count as such. What is your opinion?.

 

Praise be to Allaah.

One should beware of using the word of divorce (talaaq),
because divorce is not prescribed for the sake of expressing anger or
revenge; rather it is prescribed in the case of need, to dissolve the firm
covenant, which is marriage. If every time the husband gets angry he
speaks of divorce, then divorce may take place and his wife will become
irrevocably divorced from him, and that will be the cause of his family
being split up without him intending that. 

Secondly: 

Divorce as prescribed in sharee‘ah is when the man divorces
his wife when she is pregnant or during a period of purity during which he
has not had intercourse with her. As for divorce during a period of purity
in which he has had intercourse with her, this is an innovated divorce
(talaaq bid‘i), but does it count as such or not? The majority of scholars
are of the view that it does count as such, just as the majority of them are
of the view that divorce during the ‘iddah also counts as such. If a man
gives his wife one divorce and she begins the ‘iddah, then he comes back and
divorces her a second time, then divorce has taken place a second time. If
he comes back and divorces her a third time, then she is irrevocably
divorced from him and she is not permissible for him to marry until she has
been married to another husband. 

Thus it should be clear to you that the matter is serious and
that this word that came out of your mouth has consequences. 

Some of the scholars are of the view that divorce during a
period of purity in which the husband had intercourse with the wife does not
count as such. This is the view favoured by Shaykh al-Islam Ibn Taymiyah
(may Allah have mercy on him) and his student Ibn al-Qayyim. It is also
mentioned in the fatwas of a number of contemporary scholars. 

In Fataawa al-Lajnah al-Daa’imah (20/58) it says:
There are different kinds of innovated divorce, such as the husband
divorcing his wife during her menses or nifaas, or during a period of purity
in which he has had intercourse with her. The correct view concerning this
is that it does not count as such. End quote. 

Shaykh Ibn Baaz (may Allah have mercy on him) said: Allah has
prescribed that women should (only) be divorced at times of purity when they
are free of nifaas and menses, when the husband has not had intercourse with
her during that period of purity. This is the proper, shar‘i divorce. If he
divorces her during her menses or nifaas, or during a period of purity in
which he had intercourse with her, then this divorce is bid‘ah, and does not
count as such according to the correct scholarly opinion, because Allah says
(interpretation of the meaning):

“O Prophet (صلى الله عليه
وسلم)! When you divorce women, divorce them at their ‘Iddah
(prescribed periods)”

[al-Talaaq 65:1]. 

What is meant is when they are pure and the husband has not
had intercourse with them during that period of purity. This is the view of
the scholars concerning the meaning of the phrase ‘divorce them at their
‘Iddah (prescribed periods)’. They should be pure, with no intercourse
having taken place during the period of purity, or pregnant. This is divorce
at the prescribed periods. 

End quote from Fataawa al-Talaaq, p. 44 

Based on this view, none of the divorces you issued is valid or counted as such. 

And Allah knows best.

 

Islam Q&A

 

Islam Question and Answer - If he says to his wife “Your bed is haraam for me”

If he says to his wife “Your bed is haraam for me”

What is the ruling on a husband who says to his wife, “Your bed is haraam for me” in order to deter her from doing something?.

 

Praise be to Allaah.

This wording may be understand as referring to zihaar (a
jaahili form of divorce), or it may be understood as referring to talaaq
(divorce), or it may be understood as an oath. 

That depends on the intention of the husband who spoke these
words, because he knows what he intended when he said that. 

If what he meant was that his wife was haraam for him, like
his mother’s back, then this is zihaar, and it is not permissible for him to
approach his wife until he has offered the expiation for zihaar, which
Allaah has mentioned in the verse where He said (interpretation of the
meaning): 

“And those who make unlawful to them (their wives) by
Zihaar and wish to free themselves from what they uttered, (the penalty) in
that case is the freeing of a slave before they touch each other. That is an
admonition to you (so that you may not repeat such an ill thing). And Allaah
is All‑Aware of what you do.

4. And he who finds not (the money for freeing a slave)
must fast two successive months before they both touch each other. And he
who is unable to do so, should feed sixty Masaakeen (poor). That is in order
that you may have perfect faith in Allaah and His Messenger. These are the
limits set by Allaah. And for disbelievers, there is a painful torment”

[al-Mujaadilah 58:3,4] 

If he intended by these words that divorce (talaaq) should
take place, then it counts as a divorce, If it is the first or second talaaq
then he may take his wife back so long as her ‘iddah has not yet ended. If
it is a third talaaq then she is not permissible for him until she has been
married to another husband. 

If he intended to prevent himself from sleeping in her bed,
and he did not intend zihaar or talaaq, then it is an oath. If he breaks it,
he must offer kafaarat yameen (expiation for breaking an oath), which Allaah
mentions in the verse where He says (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in
your oaths, but He will punish you for your deliberate oaths; for its
expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale
of the average of that with which you feed your own families, or clothe them
or manumit a slave. But whosoever cannot afford (that), then he should fast
for three days. That is the expiation for the oaths when you have sworn. And
protect your oaths (i.e. do not swear much). Thus Allaah makes clear to you
His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.)
that you may be grateful”

[al-Maa’idah 5:89]. 

See the answer to question no.
45676 for detail on the rulings on
the expiation for breaking an oath. 

And Allaah knows best.

 

Islam Q&A

Islam Question and Answer - Her parents refuse to let her go back to her husband who divorced her by khula’

Her parents refuse to let her go back to her husband who divorced her by khula’

A man divorced his wife in the court once due to her father’s pressure on him. This divorce was in 8-2-1428H and the date is 28-6-1428H now. The divorce was in return for some financial settlement. This man actually wants to return to his wife, and she wants the same. Especially that they lived together for 14 years and he was spending on her treatment inside and outside the KSA. No one now spending on her treatment and her health is getting worse, and she wants to return to her husband.

 

Praise be to Allaah.

If the divorce was done in return for some compensation then
this is khula’, which is similar to an irrevocable divorce. If the husband
and wife want to get married again, then he has to do a new marriage
contract with her. 

If they get married then she may go back to him with the
remaining number of divorces. Two divorces (talaaq) remain, and the khula’
is not counted as a talaaq. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
Any wording which implies separation in return for compensation is khula’,
even if the word talaaq is used, such as if he says “I divorced my wife
(talaaq) in return for compensation of one thousand riyals.” We say: This is
khula’. It was narrated from Ibn ‘Abbaas (may Allaah be pleased with him)
that everything in which compensation is involved is not talaaq. ‘Abd-Allaah
ibn al-Imam Ahmad said: My father said concerning khula’ that which
‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him) said: i.e., it is
an annulment regardless of the words used, and it is not counted as a
talaaq. 

An important issue stems from this: If a man divorces his
wife by talaaq on two separate occasions, then khula’ takes place using the
word talaaq, then according to the view of those who say that khula’ using
the word talaaq is talaaq, it is an irrevocable divorce and she is not
permissible for him unless she marries another husband. But according to the
view of those who say that khula’ is an annulment even if it uses the word
talaaq, she becomes permissible for him with a new marriage contract even
during the ‘iddah. This view is more correct, but we nevertheless advise
those who record cases of khula’ not to say that he divorced (tallaqa) his
wife in return for compensation worth such and such an amount, rather they
should say: He separated from his wife (khaala’a) in return for compensation
worth such and such an amount, because most judges in our country, and I
think in other countries too, think that if khula’ occurs using the word
talaaq then it is a talaaq, and this adversely affects the woman, because if
it is a final talaaq then she is irrevocably divorced, and if it is not a
final talaaq it is still counted as a talaaq. End quote from al-Sharh
al-Mumti’ (12/450). 

Secondly: 

If her guardian (her father) refuses to give her in marriage,
and the husband is compatible with her, and she wants to marry him, then he
is preventing her marriage, and guardianship passes to the next closest
guardian. The woman may refer her case to the judge so that he may order the
guardian to give her in marriage, or he himself may give her in marriage if
her guardians refuse. 

This problem should be addressed first of all by good and
righteous people who should try to convince the guardian to agree, so long
as the husband is religiously committed and of good character. 

It was concerning such cases that Allaah revealed the words
(interpretation of the meaning): 

“do not prevent them from marrying their (former)
husbands, if they mutually agree on reasonable basis”

[al-Baqarah 2:232]. 

Al-Bukhari (5130) narrated that Ma’qil ibn Abi Yasaar (may
Allaah be pleased with him) said:
A sister of mine married a man, then he divorced her. When
her ‘iddah was over he came and proposed marriage to her (again), and I said
to him: “She married you, was intimate with you and honoured you, then you
divorced her, and now you come to propose marriage again! No, by Allaah, she
will never go back to you.” He was a man with whom there was nothing wrong,
and she wanted to go back to him. Then Allaah revealed these words
(interpretation of the meaning): 

“do not prevent them from
marrying”

[al-Baqarah 2:232]

I said: Now I will do it, O
Messenger of Allaah. He said: So he married her to him.

Our advice to the father of this woman is to let her go back
to her husband, so that he will not end up doing that which Allaah has
forbidden. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - He said to his wife: If you go out you are divorced, and he previously divorced her twice (talaaq)

He said to his wife: If you go out you are divorced, and he previously divorced her twice (talaaq)

I divorced my wife twice (talaaq), but I swore an oath to my wife, and said: “I swear by Allah the Almighty that if you go out of the front door you will be divorced three times, no ten times.” She broke the oath one hour after I swore it, and said to me: “Am I divorced from you now?” I am confused, because I have a daughter who is two months old and I do not know what to do now because I am very worried about my daughter. My intention at that time was that I would divorce her, but because of my worry for my daughter now I do not know whether this divorce counts as such or whether my wife was the cause, because she is immature and she broke the oath straight away therefore it would not count as a divorce.

 

Praise be to Allaah.

If a man says to
his wife: If you go out of the front door you are divorced, and his
intention was to divorce her, then if she goes out she is divorced, and if
this is the third divorce, she is irrevocably divorced from her husband
and is not permissible for him until she has been married to another
husband in a genuine marriage, not a tahleel marriage [i.e., one that is
arranged so that she can then get divorced and become permissible for her
first husband again], then he (the second husband) dies or divorces her. 

This has been
discussed in the answer to question number
82400. 

Based on that,
this divorce counts as such and your wife is now irrevocably divorced from
you. 

As for your saying
“my wife was the cause, because she is immature and she broke the oath
straight away”, you are the one who uttered the word of divorce and made it
conditional upon her action, so you are the one who caused the divorce to
happen, not your wife. 

For this reason a
man should control his tongue and refrain from uttering the word of divorce,
so that the matter will not get out of hand and lead to him regretting it at
a time when regret will be of no benefit and breaking up his family and
harming himself and his children. 

And Allah knows best.

 

Islam Q&A

Islam Question and Answer - He divorced his wife, and her ‘iddah has finished, can he remarry her without returning to the court?

He divorced his wife, and her ‘iddah has finished, can he remarry her without returning to the court?

I have divorced my wife and her ‘iddah has finished, but we did not register the divorce in the court. According to the law she still is my wife. I live in another country that is far from my home country.


The question is: 


I want to remarry her with a new contract, new dowry and to keep the first contract as valid as it is in the court. As the conditions of a marriage contract to be valid are witnesses and dowry, not registration in the court. Please enlighten me, may Allah reward you!.

 

Praise be to Allaah.

If a man divorces his wife for the first or second time
(talaaq) and her ‘iddah has ended, he may take her back with a new
contract that fulfils the conditions and pillars of marriage, namely the
woman's consent, the wali (guardian) and two witnesses, along with the
mahr (dowry). 

Recording the marriage or divorce in court is not a condition
of it being valid, but it protects the rights of the wife and the husband
and the children, hence it should be done. 

We do not see any reason not to do the marriage now and to
let the previous document stand, because it will serve the purpose. 

And Allah knows best.

 

Islam Q&A

Islam Question and Answer - He imagined that his wife was standing in front of him and he spoke to her in a way that he fears constitutes a divorce

He imagined that his wife was standing in front of him and he spoke to her in a way that he fears constitutes a divorce

I was arguing with my wife about the quality of the food then she left the room while I was lying down on bed. After she left I started imagining the situation happening again, I imagined her standing in front of me and that I shouted at her saying “leave this room” and instead of saying the slang expression that means “leave me alone” I said to her, in my imagination: “your are free of me”. All this happened in my imagination, I was alone in the room, and then I thought that my imagination took me too far. Is what I said considered divorce, although it all happened just imagination even if I said those words. This situation happened years ago, my wife was pregnant then, I love my wife a lot, we do not have any problems, and what should I do now? Is it considered one divorce? If yes, then is having our private relationship together means that she is back to me? Is it necessary to tell her all this or not?.

 

Praise be to Allaah.

You say, “all of this happened in my imagination”; if what
you mean is that you did not utter these words, rather you only imagined it,
but no words were actually spoken, then this does not lead to anything,
because the Prophet (peace and blessings of Allaah be upon him) said:
“Allaah has forgiven my ummah for whatever crosses their mind so long as
they do not speak of it or act upon it.” Narrated by al-Bukhaari (5269) and
Muslim (201). 

Divorce does not take place if one merely intends it, rather
it is essential that there be something which indicates that, such as
uttering a phrase or writing something down. Hence Qataadah said: “If he
divorces to himself (in his mind) then it does not count as anything.” 

Ibn Hajar said: “Al-Khattaabi quoted as evidence the fact
that there is consensus that the one who intends zihaar (a jaahili and
invalid form of divorce) does not become one who has divorced his wife by
zihaar. He said: The same applies to talaaq (divorce). Similarly, if a
person thinks to himself of slander he does not become a slanderer. If
thinking to oneself affected anything then it would invalidate the prayer.
End quote. 

See: al-Baari (9/394). 

This has also been discussed in the answer to question no.
81726. 

But if you uttered these words and you remember that your
tongue ran away with you and you spoke the words “You are free of me,” when
you actually intended to say the slang expression meaning “leave me alone”,
the majority (of scholars) are of the view that a divorce issued by mistake
does not count as such, because Allaah says (interpretation of the meaning):

“And there is no sin on you concerning that in which you
made a mistake, except in regard to what your hearts deliberately intend”

[al-Ahzaab 33:5] 

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286] 

Muslim narrated from Ibn ‘Abbaas (may Allaah be pleased with
him) that when this verse was revealed, Allaah said, “I have answered (this
du’aa’).” 

And the Prophet (peace and blessings of Allaah be upon
him) said: “Allaah has forgiven my ummah for mistakes and forgetfulness, and
what they are forced to do.” Narrated by Ibn Majaah (2045) and classed as
hasan by al-Nawawi; classed as saheeh by al-Albaani in Irwa’ al-Ghaleel
(1027). 

If a person’s tongue runs away with him and he utters the
words of divorce without intending to, it does not count as a divorce
because the intention was not there. 

Ibn al-Qayyim (may Allaah have mercy on him) said: What is
meant is that the tongue runs away with a person and he utters the word of
divorce without intending that; this means that the divorce does not count
as such, according to the majority. End quote. 

Ighathat al-Lahfaan fi Hukm Talaaq al-Ghadbaan
(. 60) 

Al-Ghazaali said, concerning unclear intention when uttering
the words of divorce: The first type is when a person’s tongue runs away
with him; when the words divorce is uttered in conversation or when he is
asleep, divorce does not take place. End quote. 

Al-Waseet by al-Ghazaali
(5/385). 

Al-‘Adawi said in his Haashiyah (2/102): If a person
intends to say something other than the word of divorce but his tongue slips
and he says the word of divorce, it does not mean anything, if it is proven
that his tongue ran away with him. End quote. 

See also: al-Sharh al-Kabeer by Ahmad al-Dardeer
(2/366); Haashiyat al-Dasooqi (2/366). 

Moreover, your saying “You are free of me” is a metaphorical
phrase which does not imply divorce, unless the husband intended divorce by
saying these words. So long as you did not intend divorce, no divorce took
place. 

It seems from your question that no divorce took place
because of this incident. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He divorced her after the menstrual bleeding ceased and before she did ghusl

He divorced her after the menstrual bleeding ceased and before she did ghusl

I gave my wife a third divorce and I was unsure of her situation -- was she in a state of purity or still menstruating? It turned out that the bleeding had stopped but she had not yet done ghusl. Does my divorce count as such?.

 

Praise be to Allaah.

Divorce at the time of menstruation is an innovated and
haraam divorce, and the scholars disagreed as to whether it counts as such.
The majority of them are of the view that it does count, but others said
that it does not and this is the correct view, as previously explained in
the answer to question number
72417. 

If the bleeding has stopped but she has not yet done ghusl,
then the divorce is permissible and it counts as such, because in this case
she is not regarded as menstruating. Ibn Qudaamah said in al-Mughni
(10/336): Once the menstrual bleeding stops, the prohibition on divorce due
to menses ceases to apply, and if her husband divorces her, then it is a
permissible divorce which counts as such even if she has not done ghusl.
This is the view of the two imams, Ahmad and al-Shaafa’i, because she has
become pure by virtue of the cessation of bleeding. It says in Zaad
al-Mustaqni’: If the bleeding stops and she has not done ghusl, nothing
is permissible except fasting and divorce. 

Shaykh Ibn ‘Uthaymeen (May Allaah have mercy on him) said in
al-Sharh: The evidence that divorce is permissible after the bleeding
stops is the words of the Prophet (blessings and peace of Allaah be upon
him), “Tell him to take her back then divorce when she is pure or pregnant.”
The woman becomes pure when the bleeding stops. End quote from al-Sharh
al-Mumti’ (1/384). 

Shaykh Muhammad al-Mukhtaar al-Shanqeeti (may Allaah preserve
him) said: It is not permissible to divorce a woman when she is
menstruating. If her bleeding stops and she has not yet done ghusl, and
divorce takes place after the bleeding stops and before she does ghusl, what
is the ruling? He said: The divorce counts as such, because divorce does not
depend upon ghusl; as for the other things that are forbidden (during
menses), ghusl is essential before they can be done, such as intercourse and
entering the mosque, passing through it or staying in it, and other things
that are forbidden during menses. End quote from Sharh Zaad al-Mustaqni’. 

And Allaah knows best.

 

Islam Q&A

Islam Question and Answer - He divorced his wife before consummating the marriage and he does not know what he said because he was so angry

He divorced his wife before consummating the marriage and he does not know what he said because he was so angry

I did a shar‘i marriage contract with a woman and registered it with the authorities, and I have not consummated marriage with her yet, because I am waiting for official procedures to get the visa so that she can come and join me. We had an argument on the phone, and I lost my reason and I did not know what I was saying, to the extent that I said the words “You are divorced (talaaq), you are divorced, you are divorced.” Then she alerted me by saying, “Fear Allah, fear Allah.” Then I came back to my senses. Does this count as divorce?.

 

Praise be to Allaah.

If a man does the shar‘i marriage contract
with a woman, then he divorces her, it counts as a divorce, whether he
consummated the marriage with her or not, and whether the marriage was
registered with the authorities or not. 

But if, as you say, you spoke the word of
divorce when you did not know what you were saying because of severe anger,
then it does not count as a divorce. 

We have previously discussed the issue of
divorce in a state of anger, and what counts as divorce and what does not in
such cases, in the answer to question number
45174. 

You should beware of using the word of
divorce (talaaq) and avoid it in all situations, especially since you are at
the beginning of your married life, because this is something which will
make the wife afraid and anxious, and it could lead to separation between
you in ways you do not want. 

We ask Allah to guide us and you. 

And Allah knows best.

 

Islam Q&A

Islam Question and Answer - She said to her husband: You are haraam to me until the Day of Judgement

She said to her husband: You are haraam to me until the Day of Judgement

A woman swore an oath to her husband and said to him: You are haraam to me until the Day of Judgement. What is the religious ruling on that? What is required to get out of her oath? Will she be brought to account for that?.

 

Praise be to Allaah.

If a wife says to her
husband, You are haraam for me, or you are haraam until the Day of
Judgement, that does not result in zihaar or talaaq, because zihaar and
talaaq can only be done by the husband. Rather it comes under the heading of
making what is halaal haraam, such as stating that some kind of clothing or
food is haraam. When breaking this oath she must offer expiation for
breaking an oath, because Allaah says (interpretation of the meaning): 

“O Prophet! Why do you
forbid (for yourself) that which Allaah has allowed to you, seeking to
please your wives? And Allaah is Oft‑Forgiving, Most Merciful.

2. Allaah has already
ordained for you (O men) the absolution from your oaths”

[al-Tahreem 66:1-2] 

So Allaah has described
making haraam something that is halaal as a kind of oath. 

The expiation for breaking
an oath is freeing a slave, or feeding or clothing ten poor persons. The one
who cannot do any of these things must fast three days. 

She only breaks the oath if
her husband has intercourse with her when she is willing. 

Shaykh Ibn Baaz (may Allaah
have mercy on him) was asked: If a woman says to her husband, If you do such
and such you are haraam for me like my father, what is the ruling on that? 

He replied: If a woman says
she is haraam for her husband or she likens him to one of her mahrams, that
comes under the same ruling as an oath, and does not come under the ruling
on zihaar, because zihaar can only be done by husbands to wives according to
the text of the Qur’aan. 

In that case the woman must
offer expiation for breaking an oath, which is to feed ten poor persons,
giving each poor person half a saa’ of the local staple food, which is
equivalent to approximately one and a half kilograms, giving them either
lunch or dinner; or clothing them in garments that are acceptable for
praying in, because Allaah says (interpretation of the meaning):

“Allaah will not punish
you for what is unintentional in your oaths, but He will punish you for your
deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen
(poor persons), on a scale of the average of that with which you feed your
own families, or clothe them or manumit a slave. But whosoever cannot afford
(that), then he should fast for three days. That is the expiation for the
oaths when you have sworn. And protect your oaths (i.e. do not swear much)”

[al-Maa'idah 5:89]. 

If a woman makes haraam
that which Allaah has permitted, it comes under the same ruling as an oath.
The same applies to a man making haraam that which Allaah has forbidden,
except his wife, because Allaah says (interpretation of the meaning): 

“O Prophet! Why do you
forbid (for yourself) that which Allaah has allowed to you, seeking to
please your wives? And Allaah is Oft‑Forgiving, Most Merciful.

2. Allaah has already
ordained for you (O men) the absolution from your oaths. And Allaah is your
Mawlaa (Lord, or Master, or Protector) and He is the All‑Knower, the
All‑Wise”

[al-Tahreem 66:1-2] 

End quote from Fataawa
Islamiyyah (3/301). 

The wife must repent to
Allaah for saying this, because making haraam what is halaal is not
permissible. 

And Allaah knows best.

 

Islam Q&A

 

Islam Question and Answer - He said to his son: If you do not stop fighting, I shall divorce your mother

He said to his son: If you do not stop fighting, I shall divorce your mother

My husband is very hot-tempered and he uttered the word of divorce once, then after that on another occasion he did it twice. He is very bad tempered and on the third occasion he said to my son: If you do not stop fighting I shall say to your mother: You are divorced. What is the ruling on that?.

 

Praise be to Allaah.

If the
husband says to his son, “If you do not stop fighting I shall say to your
mother: You are divorced,” that does not count as a divorce as such,
because it is a threat to issue a divorce if the son persists in fighting.
Then if the husband wants to issue the divorce he may, and if he does not
want to, he may refrain. 

Secondly: 

If the divorce
is issued in a moment of anger, it is subject to further discussion. This
has been discussed in the answer to question number
45174. 

The husband
should fear Allah and avoid uttering the word of divorce in when angry or
otherwise, unless he actually intends to issue a divorce, after having
thought long and hard about the consequences. Divorce was not ordained to
let off steam in the case of anger; rather it was ordained to end a marriage
relationship in cases of necessity. 

May Allah help us all to do that which He loves and pleases Him. 

And Allah knows best.

Islam Question and Answer - Ruling on asking for a divorce from a husband who has some medical problems

Ruling on asking for a divorce from a husband who has some medical problems

My husband and i been married for the last 11 years and we could not have childrens due to my husband who had a medical problems whimhich he knew of but had hide it from me before we got married and had i knew than i woulden,t have got married to him and my question is.


I want to divorce him and wanted to know what are my right?

 

Praise be to Allaah.
 

 

If the problems to which you refer have to do with some
defect in your husband that discourages intimacy between you, or prevents
achievement of the purposes of marriage such as mercy and love, because he
is not able to have intercourse or he suffers from a sickness which prevents
him from being intimate, then the scholars count these things as faults in
the marriage which entitle the wife to have the choice: in other words, you
have the right to annul the marriage contract or to leave it as is, and he
does not have the right to take any part of the mahr from you, because you
gained the right to the mahr in return for the intimacy that he has had with
you in past years. 

With regard to the man’s sterility, i.e., his inability to
father children, this is not counted as a fault that would necessitate
annulment of the marriage, according to the majority of scholars, apart from
the view of al-Hasan al-Basri, and Shaykh al-Islam Ibn Taymiyah was also
inclined towards that view. 

The husband should have explained his situation to his wife,
because the wife has the right to have children just as the husband does.
For this reason a husband is not permitted to practise ‘azl (coitus
interruptus) – which means ejaculating outside the vagina – without his
wife’s consent. 

Ibn Qudaamah said, after listing the faults which give the
wife the option of annulling the marriage contract,  

We do not know of any differing opinion among the scholars
concerning this matter, except that al-Hasan said: If one finds that the
other is sterile, there is the option of annulling the marriage. 

Ahmad preferred that (the husband) should state his situation
and said: Perhaps his wife wants to have a child, and this should be
clarified at the beginning of the marriage. As for annulment, there is no
proof of that (in sharee’ah), otherwise it would apply in the case of women
when they reach menopause, and such a ruling is not known. For a man may not
have a child when he is young, then he may have a child when he is an old
man, or they may not have children at all.  

With regard to other faults, according to the scholars it is
not proven that they are grounds for annulment. 

(al-Mughni, 7/143) 

On this basis, if you do not want to put up with him, then
either he should divorce you by talaaq according to sharee’ah, or you may
free yourself from him by khula’, whereby you agree to give him a certain
amount of money, or you return the mahr to him or whatever you agree upon,
whatever will be a suitable recompense in return for khula’, then he should
divorce you with a single talaaq. This talaaq will count as a revocable
divorce, and he will not have the right to take you back during the ‘iddah
or afterwards unless there is a new marriage contract that meets the
appropriate conditions. 

The evidence that khula’ is permissible is the aayah
(interpretation of the meaning): 

“The divorce is twice, after that, either you retain her on
reasonable terms or release her with kindness. And it is not lawful for you
(men) to take back (from your wives) any of your Mahr (bridal-money given by
the husband to his wife at the time of marriage) which you have given them,
except when both parties fear that they would be unable to keep the limits
ordained by Allaah (e.g. to deal with each other on a fair basis). Then if
you fear that they would not be able to keep the limits ordained by Allaah,
then there is no sin on either of them if she gives back (the Mahr or a part
of it) for her Al-Khul‘ (divorce). These are the limits ordained by Allaah,
so do not transgress them. And whoever transgresses the limits ordained by
Allaah, then such are the Zaalimoon (wrongdoers)”
[al-Baqarah 2:229]  

The evidence from the Sunnah is the hadeeth narrated by al-Bukhaari
in his Saheeh (4867) from Ibn ‘Abbaas, in which it says that the wife
of Thaabit ibn Qays came to the Messenger of Allaah (peace and
blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not
blame Thaabit ibn Qays for any defect in his character or his religious
commitment, but I would hate to commit an act of kufr when I am a Muslim.”
The Messenger of Allaah (peace and blessings of Allaah be upon him)
said, “Will you give him back his garden [which he had given as mahr]?” She
said, “Yes.” The Messenger of Allaah (peace and blessings of Allaah be
upon him) said (to Thaabit), “Accept the garden, and divorce her once.” 

The scholars are agreed that khula’ is permissible if there
is a shar’i reason for it. For more information on the reasons, please see
question no. 1859. 

We must advise you that if your husband’s character and
religious commitment are good, and there is no risk of you falling into
haraam things if you remain married to him, then it is better for you to be
patient and stay with your husband; perhaps Allaah will grant you from him
sons and daughters who will be the apple of your eye. 

And Allaah knows best what is right. 

See al-Mughni by Ibn Qudaamah, 7/246; al-Mawsoo’ah
al-Fiqhiyyah, 19/238, 240.

Sheikh Muhammed Salih Al-Munajjid

 

Islam Question and Answer - He divorced his wife thrice and he wants to take her back

He divorced his wife thrice and he wants to take her back

I had an argument with my wife while she was in her early pregnancy and I said to her: “you are divorced, you are divorced, you are divorced”. Then days after she gave birth I said to her: “you are divorced” and during Ramadan I had an argument with her and I said to her: “I make you haram for me, I divorce you”. Is this considered divorce? Is it permissible for me to take her back, or she is now considered a divorcee?.

 

Praise be to Allaah.

Firstly: 

If a man says
to his wife, “You are divorced, you are divorced, you are divorced,” it
counts as three divorces according to the majority of scholars. But if he
intended the second and third times as emphasis for the first, then it
counts as one divorce. 

Some of the
scholars regarded his saying “You are divorced, you are divorced, you are
divorced” as being like saying “You are thrice divorced” and it only counts
as one divorce. 

Your saying to
her “You are divorced” after she gave birth counts as one divorce. So this
was the second divorce. 

But if she was
still in nifaas (post-partum bleeding) at the time of this divorce, then it
is a haraam, innovated divorce, and the scholars differed as to whether it
counts as such. The view favoured by the scholars of the Standing Committee
for Issuing Fatwas is that it does not count as such. 

It says in
Fataawa al-Lajnah al-Daa’imah (20/58): Innovated divorces are of several
kinds, including: when a man divorces his wife at the time of menses, nifaas
or in a period of purity (i.e., not menstruating) when he has had
intercourse with her. The correct view is that this does not count as
divorce. End quote. 

Shaykh Ibn
Baaz (may Allaah have mercy on him) said: Allaah has prescribed that women
are to be divorced when they are pure and free of nifaas or menses, and when
the husband has not had intercourse with them. This is the shar’i divorce.
If he divorces her during menses or nifaas or during a period of purity when
he has had intercourse with her, then this is an innovated divorce, and it
does not count as such according to the correct scholarly opinion, because
Allaah says (interpretation of the meaning):

“O Prophet
(صلى الله عليه وسلم)! When you divorce
women, divorce them at their ‘Iddah (prescribed periods) and count
(accurately) their ‘Iddah (periods)”

[al-Talaaq
65:1]. 

What is meant
is when they are in a state of purity and the husband had not had
intercourse with them. This is what the scholars said concerning divorcing
them at their ‘iddah (prescribed periods): they should be pure and not have
had intercourse or be pregnant. This is divorcing them at their ‘iddah
(prescribed periods).

End quote from
Fataawa al-Talaaq (p. 44). 

If you did not
ask a scholar about the ruling on this second divorce then it does not count
as such. But if you did ask one who is qualified to issue fatwas, then you
must act according to his fatwa.  

Your saying on
the third occasion “I divorce you” also counts as a divorce.  

If a man
divorces his wife a third time, then she becomes irrevocably divorced from
him and she is not permissible for him until she has married another man,
because Allaah says (interpretation of the meaning):

“And if he
has divorced her (the third time), then she is not lawful unto him
thereafter until she has married another husband. Then, if the other husband
divorces her, it is no sin on both of them that they reunite, provided they
feel that they can keep the limits ordained by Allaah. These are the limits
of Allaah, which He makes plain for the people who have knowledge”

[al-Baqarah
2:230]. 

It should be
noted that the nikaah al-tahleel which some people do, which is a
marriage to a second husband, intended to make a thrice-divorced woman
permissible for her first husband by means of the second husband divorcing
her, is haraam and the one who does that is cursed; it is also an invalid
marriage and it does not make the woman permissible for her first husband. 

See also the
answer to question no. 109245. 

And Allaah
knows best.

 

Islam Q&A

Islam Question and Answer - He divorced a woman by zihaar before the marriage contract was done with her, and he wants to marry her!

He divorced a woman by zihaar before the marriage contract was done with her, and he wants to marry her!

There is a young man who is 29 years old. His family sent word to him that they had proposed marriage for him to a girl whom he knows. When the news reached him, he said: She is to me as my mother's back (zihaar), and she is thrice divorced, because he did not want her. When he went to his family, he found that they had not proposed marriage to the girl for him; it was only a suggestion. But in the end, this man was convinced about this girl and wanted to marry her, and he is asking what is the ruling on what he did? Does he have to offer expiation for the zihaar or not? What is the ruling on the threefold divorce that he uttered? Please note that when he said these two things, the marriage contract had not been done with the girl; rather it was only a suggestion from his family.

 

Praise be to Allaah.

Before answering this question, I should advise this brother
about this conduct and foolishness. The fact that he uttered the words of
zihaar and divorced her three times, before the marriage contract was done
and just because he was told that a proposal had been made to her on his
behalf, is to be regarded as a sign of serious haste and foolishness. The
wise and resolute person is the one who controls himself and does not do
anything except that which leads to good consequences. How many people have
been overcome by foolishness and anger and done things which they regret
later on. 

With regard to what he did of zihaar and divorcing this woman
with whom he had not done the marriage contract, it does not amount to
anything, because divorce cannot happen except after the marriage contract,
because Allaah says (interpretation of the meaning): “O you who believe!
When you marry believing women, and then divorce them before you have sexual
intercourse with them” [al-Ahzaab 33:49]. And because divorce is for the
one who has the right of intimacy with a woman, and he did not have the
right to intimacy until then and did not have a marriage  contract; and
because divorce is undoing the marriage contract, and so long as he has not
got married, there is nothing to be undone. 

With regard to zihaar, Allaah says (interpretation of the
meaning): “And those who make unlawful to them (their wives) by Zihaar”
[al-Mujaadilah 58:3]. So zihaar is connected to their wives, and so long
as the marriage contract has not been done with a woman, she is not one of
his wives, so zihaar cannot apply to her. But if this man intended by means
of zihaar to refrain from having intercourse with her, then he must offer
expiation for breaking an oath (kafaarat yameen) if he had married her and
had intercourse with her, so as to be on the safe side and so as to
discharge any obligation. As for his zihaar, it is not binding, because she
is not one of his wives. Expiation for breaking an oath is freeing a slave,
or feeding ten poor persons, or clothing them. If he cannot do that, then he
must fast for three consecutive days. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him). 

 

Fataawa Noor ‘ala al-Darb

 

 

Islam Question and Answer - He divorced his wife three times before consummation of the marriage

He divorced his wife three times before consummation of the marriage

He divorced his wife three times before consummation of the marriage; how can she become permissible for him again?.

 

Praise be to Allaah.

If a man divorces his wife three times before consummation
of the marriage, if it was said in one go, such as saying “You are thrice
divorced”, then there is a difference of opinion among the scholars. 

The majority are of the view that it counts as three divorces
and she is irrevocably divorced from him, so she is not permissible for him
until she has been married to another husband. 

Some scholars are of the view that it counts as one divorce,
but she becomes irrevocably divorced (in a minor sense) because she was
divorced before consummation of the marriage, but she may become permissible
for him with a new marriage contract. This is the view of ‘Ata’, Tawoos,
Sa‘eed ibn Jubayr, Abu’l-Sha‘tha’ and ‘Amr ibn Dinaar, and it is the view
favoured by Ibn Taymiyah and a number of contemporary scholars, including
Shaykh Ibn Baaz and Shaykh Ibn ‘Uthaymeen (may Allah have mercy on them). 

See: al-Mughni, 7/282; Fataawa al-Shaykh Ibn Baaz,
19/146; al-Sharh al-Mumti‘, 13/40 

If the divorce was uttered in separate words, such as saying,
“You are divorced, you are divorced, you are divorced,” and that took place
before consummation, whether it was said in one go or not, then it counts as
one divorce in which she is irrevocably divorced in a minor sense, according
to the majority of fuqaha’, and she may become permissible for her husband
with a new marriage contract. 

Ibn Qudaamah (may Allah have mercy on him) said in
al-Mughni (7/367): With regard to a wife with whom he has not
consummated the marriage, she can only be divorced once, whether he intended
it to be more than one divorce or not, and whether he said that separately
or in one go. This is the view of Abu Bakr ibn ‘Abd al-Rahmaan ibn
al-Haarith, ‘Ikrimah, al-Nakha‘i, Hammaad ibn Abi Sulaymaan, al-Hakam,
al-Thawri, al-Shaafa‘i, ashaab al-ra’y, Abu ‘Ubayd and Ibn al-Mundhir.
Al-Hakam narrated it from ‘Ali, Zayd ibn Thaabit and Ibn Mas‘ood. 

The reason for that, as Ibn Qudaamah says, is that: The woman
with whom marriage has not been consummated is irrevocably divorced with one
divorce, because she does not have to observe ‘iddah, so if he issues
another divorce, it does not count in her case, because she is not a wife,
and only a wife can be divorced. End quote. 

Thus the difference between issuing three divorces at once
and uttering them separately becomes clear, although the more correct view
is that the three-fold divorce only counts as one in all cases. 

And Allah knows best.

 

Islam Q&A

 

Islam Question and Answer - Man is accountable

Praise be to
Allaah.

Each person is a pledge for that which he has earned
(cf. al-Toor 52:21, al-Muddaththir 74:38) Whoever believes and does
righteous deeds will enter Paradise and whoever disbelieves in Allaah
and His Messenger will enter Hell. Allaah says (interpretation of the
meaning): 

“Surely, those who disbelieved in
Our Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.),
We shall burn them in Fire. As often as their skins are roasted through,
We shall change them for other skins that they may taste the punishment.
Truly, Allaah is Ever Most Powerful, All-Wise.

But those who believe (in the Oneness of Allaah —
Islamic Monotheism) and do deeds of righteousness, We shall admit them
to Gardens under which rivers flow (Paradise), abiding therein forever.
Therein they shall have Azwaajun Mutahharatun (purified mates or wives),
and We shall admit them to shades wide and ever deepening (Paradise)”[al-Nisaa’
4:56-57] 

Righteous deeds benefit the one who does them,
for Allaah has no need of us. And evil deeds only harm the one who does
them, for they do not harm Allaah at all, Allaah says (interpretation
of the meaning): 

“Whosoever does righteous good deed,
it is for (the benefit of) his ownself; and whosoever does evil, it
is against his ownself. And your Lord is not at all unjust to (His)
slaves”[Fussilat 41:46]

 And He says (interpretation of the meaning): 

“And whosoever strives, he strives only for himself.
Verily, Allaah stands not in need of any of the ‘Aalameen (mankind,
jinn, and all that exists)”[al-‘Ankaboot 29:6] 

Allaah is Generous and multiplies hasanaat
(good deeds) as He says (interpretation of the meaning): 

“Whoever brings a good deed (Islamic Monotheism and
deeds of obedience to Allaah and His Messenger) shall have ten times
the like thereof to his credit, and whoever brings an evil deed (polytheism,
disbelief, hypocrisy, and deeds of disobedience to Allaah and His Messenger)
shall have only the recompense of the like thereof, and they will not
be wronged”[al-An’aam 6:160] 

Righteous deeds such as prayer, zakaah, fasting,
Hajj, enjoining what is good, forbidding what is evil, jihaad, reading
Qur’aan, etc., are the symbols of Islam, and the reward for all of them
is Paradise, as Allaah says (interpretation of the meaning): 

“And whoever does righteous good deeds, male or female,
and is a (true) believer [in the Oneness of Allaah (Muslim)], such will
enter Paradise and not the least injustice, even to the size of a Naqeera
(speck on the back of a date stone), will be done to them”[al-Nisaa’
4:124] 

The punishment for all evil deeds and sins
such as oppression, shirk (associating others with Allaah), murder,
corruption, arrogance, and other sins is Hell, unless one repents. Allaah
says (interpretation of the meaning): 

“And whosoever disobeys Allaah and His Messenger (Muhammad),
and transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment”[al-Nisaa’ 4:14] 

Words and deeds, whether they are good or
bad, are all recorded with the Lord of the Worlds. Allaah says (interpretation
of the meaning): 

“This Our Record speaks about you with truth. Verily,
We were recording what you used to do (i.e. Our angels used to record
your deeds)” [al-Jaathiyah 45:29] 

Allaah does not accept any deeds except those
which are done purely for Allaah in accordance with the guidance of
the Messenger of Allaah (peace
and blessings of Allaah be upon him), as Allaah says (interpretation
of the meaning): 

“So whoever hopes for the Meeting with his Lord, let
him work righteousness and associate none as a partner in the worship
of his Lord”[al-Kahf 18:110] 

On the Day of Resurrection, each person will
see what he did, acts of obedience or disobedience, good or evil, as
Allaah says (interpretation of the meaning): 

“That Day mankind will proceed in
scattered groups that they may be shown their deeds.

So whosoever does good equal to the weight of an atom
(or a small ant) shall see it.

And whosoever does evil equal to the weight of an
atom (or a small ant) shall see it”[al-Zalzalah :6-8] 

On the Day of Resurrection, each person will
be given his book (record of deeds) and it will be said to him:

 “Read your book. You yourself are
sufficient as a reckoner against you this Day” [al-Israa’ 17:14
– interpretation of the meaning]

 Whoever believed and did righteous deeds
will take his book in his right hand in joy, and will enter Paradise,
and whoever disobeyed Allaah and His Messenger will take his book in
his left hand or from behind his back, and will enter Hell. Allaah says
(interpretation of the meaning): 

“Then as for him who will be given
his Record in his right hand,

He surely, will receive an easy reckoning,

And will return to his family in joy!

But whosoever is given his Record behind his back,

He will invoke (for his) destruction,

And he shall enter a blazing Fire, and made to taste
its burning”

[al-Inshiqaaq 84:7-12] 

And there is a great difference between faith
and disbelief, obedience and disobedience, the people of Paradise and
the people of Hell: 

“Is then he who is a believer like
him who is a Faasiq (disbeliever and disobedient to Allaah)? Not equal
are they.

As for those who believe (in the Oneness of Allaah
Islamic Monotheism) and do righteous good deeds, for them are
Gardens (Paradise) as an entertainment for what they used to do.

And as for those who are Faasiqoon (disbelievers and
disobedient to Allaah), their abode will be the Fire, every time they
wish to get away therefrom, they will be put back thereto, and it will
be said to them: ‘Taste you the torment of the Fire which you used to
deny’” [al-Sajdah 32:18-20 – interpretation of the meaning] 

Allaah states that the believers are the ones who will
be the victors, and the disbelievers are the ones who will be the losers,
as He says (interpretation of the meaning): 

“By Al-‘Asr (the time).

Verily, man is in loss,

Except those who believe (in Islamic Monotheism) and
do righteous good deeds, and recommend one another to the truth [i.e.
order one another to perform all kinds of good deeds (Al-Ma‘roof)
which Allaah has ordained, and abstain from all kinds of sins and evil
deeds (Al-Munkar) which Allaah has forbidden], and recommend one
another to patience (for the sufferings, harms, and injuries which one
may encounter in Allaah’s Cause during preaching His religion of Islamic
Monotheism or Jihaad)”[al-‘Asr 103:1-3] 

O Allaah, grant us Paradise and save us from
Hell. Bestow Your mercy upon us, O Most Merciful of those who show mercy. 

 

From Usool al-Deen al-Islami by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri

 

Islam Question and Answer - What is 'Aqeedah?

What is 'Aqeedah?

What is Aqeedah? I kindly request you to explain this to me.

 

Praise be to Allaah.

 

Aqeedah refers to those matters which are believed in, with certainty and conviction, in
one’s heart and soul. They are not tainted with any doubt or uncertainty.



The Arabic word ‘aqeedah stems from the root ‘aqada, which conveys meanings of
certainty, affirmation, confirmation, etc. In the Qur’aan, Allaah says (interpretation of
the meaning):



"Allaah will not punish you for what is unintentional in your oaths, but He will
punish you for your deliberate oaths (bimaa ‘aqqadtum al-aymaan)…"

[al-Maa’idah 5:87]



The verb paraphrased here as "deliberate oaths" is ‘aqqada/ta’qeed, which refers to
when one has determination in the heart. It may be said in Arabic, ‘aqada’l-habl (the
rope was tied), i.e., it was pulled tight together. The word i’tiqaad (belief) is also
derived from this root, and has the meaning of tying up and making strong. The phrase
a’taqadtu kadhaa (I believe such and such) means: I am convinced of it in my heart;
this is a rational conviction.



In Islam, ‘aqeedah is the matter of knowledge. The Muslim must believe in his heart
and have faith and conviction, with no doubts or misgivings, because Allaah has told
him about ‘aqeedah in His Book and via His Revelations to His Messenger

(peace and blessings of Allaah be upon him).



The principles of ‘aqeedah are those which Allaah has commanded us to believe in, as
mentioned in the aayah (interpretation of the meaning):

"The Messenger believes in what has been sent down to him from his Lord, and (so
do) the believers. Each one believes in Allaah, His Angels, His Books and His
Messengers. They say, ‘We make no distinction between one and another of His
Messengers’ – and they say, ‘We hear, and we obey. (We seek) Your forgiveness, our
Lord, and to You is the return (of all).’" [al-Baqarah 2:285]



- and as defined by the Prophet
(peace and blessings of Allaah be upon him) in
the famous hadeeth which describes how Jibreel came to him and asked him about
Islam etc.: "Eemaan (faith) is to believe in Allaah, His angels, His Books, the meeting
with Him on the Last Day, His Messengers, and the Day of Resurrection."



So in Islam, ‘aqeedah refers to the matters which are known from the Qur’aan and
sound ahaadeeth, and which the Muslim must believe in his heart, in acknowledgement
of the truth of Allaah and His Messenger.

(Source: Sharh Lam’ah al-I’tiqaad by Ibn al-Uthaymeen, and al-‘Aqeedah fi-Allaah, by ‘Umar al-Ashqar

Islam Question and Answer - Conditions of righteous deeds

Conditions of righteous deeds

When does Allaah accept the deeds of His slave? What are the conditions that an action must meet in order to be righteous and accepted by Allaah?

 

Praise be to Allaah.
 

 

An action cannot be
regarded as an act of worship unless it meets two conditions, namely perfect
love and perfect humility. Allaah says (interpretation of the meaning): 

“But those who believe, love Allaah more (than anything
else)”

[al-Baqarah 2:165] 

“and they used to call on Us with hope and fear, and used
to humble themselves before Us”[al-Anbiya’ 21:90] 

If this is understood, then one will realize that worship is
only accepted from a Muslim who believes in Allaah alone (Tawheed), as
Allaah says of the kuffaar: 

“And We shall turn to whatever deeds they (disbelievers,
polytheists, sinners) did, and We shall make such deeds as scattered
floating particles of dust”

[al-Furqaan 25:23 – interpretation of the meaning] 

In Saheeh Muslim (214) it is narrated that ‘Aa’ishah
(may Allaah be pleased with her) said: “I said, ‘O Messenger of Allaah,
during the Jaahiliyyah Ibn Jud’aan used to uphold ties of kinship and feed
the poor. Will that avail him anything?’ He said, ‘It will not avail him
anything, because he never said one day, “O Lord forgive me my sins on the
Day of Judgement,”’” – meaning that he did not believe in the resurrection
or do good deeds hoping to meet Allaah. 

Moreover, the Muslim’s worship will not be accepted unless it
meets two basic conditions: 

1 – Sincerity of intention towards Allaah alone, which means
that a person’s intention in all his words and actions, both outward and
inward, is to do them for the sake of Allaah alone and no one else. 

2 – The action must be in accordance with the laws which
Allaah has enjoined and stated that He must be worshipped only in accordance
with them. This is achieved by following the Prophet (peace and
blessings of Allaah be upon him) and the message he brought, and not going
against that or introducing new acts of worship or new forms of worship
which were not reported from him (peace and blessings of Allaah be upon
him). 

The evidence for these two conditions is to be found in the
aayah (interpretation of the meaning): 

“So whoever hopes for the Meeting with his Lord, let him
work righteousness and associate none as a partner in the worship of his
Lord” [al-Kahf 18:110] 

Ibn Katheer (may Allaah have mercy on him) said: “ ‘So
whoever hopes for the Meeting with his Lord’ means His reward; ‘let
him work righteousness’ means actions that are done for the sake of
Allaah alone, with no partner or associate. These two factors form the basis
for an acceptable deed: it must be done sincerely for the sake of Allaah
alone, and it must be correct and in accordance with the sharee’ah of the
Messenger of Allaah (peace and blessings of Allaah be upon him).” 

The more a person learns about his Lord and His names and
attributes, the more sincere he will be in his intentions. The more he
learns about his Prophet (peace and blessings of Allaah be upon him),
the more he will follow him. By having a sincere intention towards Allaah
and by following His Messenger (peace and blessings of Allaah be upon
him) he will attain salvation in this world and in the Hereafter. We ask Allaah for success and salvation in this world and in the Hereafter.

 

Sheikh Muhammed Salih Al-Munajjid

Islam Question and Answer - Kufr and its various kinds

Kufr and its various kinds

I read in Question no. 12811 that there are various kinds of major kufr that puts one beyond the pale of Islam. I hope that you could explain that and give some examples of it.

 

Praise be to Allaah.
 

 

The reality of kufr and its various kinds is a lengthy topic,
but we may sum it up in the following points: 

1 – The importance of knowing what kufr is and the forms
it may take:

The texts of the Qur’aan and Sunnah indicate that faith is
not valid and is not accepted unless two conditions are met – which are what
are implied by the testimony that there is no god except Allaah. These two
conditions are submission to Allaah alone (Tawheed), and denouncing and
shunning all kinds of kufr and shirk. 

A person cannot denounce or shun anything unless he knows
what it is. From this we understand the importance of knowing what Tawheed
is, so that we may act accordingly and attain Tawheed, and knowing what kufr
and shirk is so that we may avoid them and steer clear of them. 

2 – Definition of kufr: 

Kufr in Arabic means covering and concealing something. 

In shar’i terminology it means “not believing in Allaah and
His Messenger, whether that is accompanied by denial or it is not
accompanied by denial but rather doubt, or turning away from faith out of
jealousy or arrogance, or because one is following whims and desires that
prevent one from following the message. So kufr is the attribute of everyone
who rejects something that Allaah has commanded us to believe in, after news
of that has reached him, whether he rejects it in his heart without uttering
it, or he speaks those words of rejection without believing it in his heart,
or he does both; or he does an action which is described in the texts as
putting one beyond the pale of faith.” See Majmoo’ al-Fataawa by
Shaykh al-Islam Ibn Taymiyah, 12/335; al-Ihkaam fi Usool al-Ahkaam by
Ibn Hazam, 1/45. 

Ibn Hazam said in his book al-Fasl: “Rejecting
something for which there is sound proof that there can be no faith without
believing in it is kufr, and uttering words for which there is proof that
uttering them is kufr is kufr. Doing any action for which there is proof
that it is kufr is also kufr.” 

3 – Kinds of major kufr which put one beyond the pale of
Islam 

The scholars divided kufr into a number of categories, under
which they listed many forms and kinds of shirk. These are as follows: 

-1- The kufr of denial and rejection. This kufr may sometimes
take the form of disbelief in the heart – which occurs rarely among the
kuffaar, as Ibn al-Qayyim (may Allaah have mercy on him) said – and
sometimes it takes the form of outward or apparent rejection, which means
concealing the truth and not submitting to it outwardly, whilst recognizing
it and knowing it inwardly, such as the Jews’ rejection of Muhammad
(peace and blessings of Allaah be upon him). Allaah says of them
(interpretation of the meaning): 

“then when there came to them that which they had
recognised, they disbelieved in it”[al-Baqarah 2:89] 

He also said (interpretation of the meaning]: 

“then when there came to them that which they had
recognised, they disbelieved in it”

[al-Baqarah 2:146] 

That is because rejection only happens which a person knows
the truth and refuses it. Hence Allaah stated that the kuffaar’s disbelief
in the Messenger (peace and blessings of Allaah be upon him) was not
disbelief in the true sense of the word, because their disbelief was only
outward and verbal, and inwardly they recognized the truth. 

Allaah says (interpretation of the meaning): 

“it is not you that they deny, but it is the Verses (the
Qur’aan) of Allaah that the Zaalimoon (polytheists and wrongdoers) deny”

[al-An’aam 6:33] 

“And they belied them (those Ayaat) wrongfully and
arrogantly, though their ownselves were convinced thereof”

[al-Naml 27:14] 

Similar to this is the kufr of permitting that which is
forbidden. Whoever regards as permissible something which he knows that
Islam has forbidden has disbelieved in the Messenger (peace and
blessings of Allaah be upon him) and in that which he brought. The same
applies to one who forbids something which he knows that Islam has
permitted. 

-2- The kufr of turning away in arrogance, such as the kufr
of Iblees of whom Allaah said: 

“… except Iblees (Satan), he refused and was proud and was
one of the disbelievers (disobedient to Allaah)”

[al-Baqarah 2:34 – interpretation of the meaning] 

And Allaah says (interpretation of the meaning): 

“They (hypocrites) say: ‘We have believed in Allaah and in
the Messenger (Muhammad), and we obey,’ then a party of them turn away
thereafter, such are not believers”

[al-Noor 24:47] 

So Allaah has stated that those who do not act in accordance
with faith are not believers, even if they utter the words of faith. The
kufr of turning away means that one ignores the truth and does not learn it
or act in accordance with it, whether it is the matter of words, actions or
beliefs. Allaah says (interpretation of the meaning): 

“But those who disbelieve, turn away from that whereof
they are warned”[al-Ahqaaf 46:3] 

Whoever turns away verbally from that which the Messenger has
brought is like one who says “I will not follow him.” The one who turns away
by his actions is like one who runs away from hearing the truth which he
brought, or puts his fingers in his ears so as not to hear, or who hears it
but turns away in his heart and refuses to believe, and who refuses to act
upon it. He has disbelieved in the sense of the kufr of turning away. 

-3- The kufr of hypocrisy. This takes the form of not
believing in the heart and not acting, whilst submitting outwardly in order
to show off to people. This is like the kufr of Ibn Salool and the other
munaafiqeen (hypocrites) of whom Allaah said (interpretation of the
meaning): 

“And of mankind, there are some (hypocrites) who say: ‘We
believe in Allaah and the Last Day,’ while in fact they believe not.

They (think to) deceive Allaah and those who believe,
while they only deceive themselves, and perceive (it) not!

In their hearts is a disease (of doubt and hypocrisy) and
Allaah has increased their disease. A painful torment is theirs because they
used to tell lies.

And when it is said to them: ‘Make not mischief on the
earth,’ they say: ‘We are only peacemakers.’

Verily, they are the ones who make mischief, but they
perceive not.

And when it is said to them (hypocrites): ‘Believe as the
people (followers of Muhammad, Al-Ansaar and Al-Muhajiroon) have believed,’
they say: ‘Shall we believe as the fools have believed?’ Verily, they are
the fools, but they know not.

And when they meet those who believe, they say: ‘We
believe,’ but when they are alone with their Shayaateen (devils —
polytheists, hypocrites), they say: ‘Truly, we are with you; verily, we were
but mocking.’

Allaah mocks at them and gives them increase in their
wrong-doing to wander blindly.

These are they who have purchased error for guidance, so
their commerce was profitless. And they were not guided.

Their likeness is as the likeness of one who kindled a
fire; then, when it lighted all around him, Allaah took away their light and
left them in darkness. (So) they could not see.

They are deaf, dumb, and blind, so they return not (to the
Right Path).

Or like a rainstorm from the sky, wherein is darkness,
thunder, and lightning. They thrust their fingers in their ears to keep out
the stunning thunderclap for fear of death. But Allaah ever encompasses the
disbelievers (i.e. Allaah will gather them all together).

The lightning almost snatches away their sight, whenever
it flashes for them, they walk therein, and when darkness covers them, they
stand still. And if Allaah willed, He could have taken away their hearing
and their sight. Certainly, Allaah has power over all things”

[al-Baqarah 2:8-20] 

-4- The kufr of doubt, which means hesitating with regard to
following the truth and being uncertain as to whether it is true, because
what is required is certainty of faith (yaqeen) that what the Messenger
brought is truth with no hint of doubt in it. Whoever thinks that what he
brought may not be true has disbelieved, in the sense of kufr of doubt, as
Allaah says (interpretation of the meaning): 

“And he went into his garden while in a state (of pride
and disbelief), unjust to himself. He said: ‘I think not that this will ever
perish.

 And I think not the Hour will ever come, and if indeed I
am brought back to my Lord, (on the Day of Resurrection), I surely, shall
find better than this when I return to Him.’

His companion said to him during the talk with him: ‘Do
you disbelieve in Him Who created you out of dust (i.e. your father Adam),
then out of Nutfah (mixed semen drops of male and female discharge), then
fashioned you into a man?

But as for my part, (I believe) that He is Allaah, my
Lord, and none shall I associate as partner with my Lord.’”

[al-Kahf 18:35-38] 

From this we may conclude that kufr – which is the opposite
of eemaan or faith – may take the form of feelings in the heart, such as
hating Allaah or His signs, or His Messenger (peace and blessings of
Allaah be upon him); this contradicts love and faith which support the
actions of the heart. Kufr may also take the form of spoken words, such as
insulting Allaah, or it may be an outward action, such as prostrating to
idols, or offering sacrifices to someone other than Allaah. Just as faith
takes the form of actions of the heart, words on the tongue and outward
physical actions, so too kufr may take the form of actions of the heart,
words on the tongue and outward physical actions. We ask Allaah to keep us
safe from kufr and its branches, and to increase us in faith and make us
guided and cause us to guide others… Ameen. And Allaah knows best. 

See A’laam al-Sunnah al-Manshoorah,
177; Nawaaqid al-Eemaan al-Qawliyyah wa’l-‘Amaliyyah by Shaykh ‘Abd al-‘Azeez Aal ‘Abd al-Lateef, 36-46; Dawaabit al-Takfeer by Shaykh ‘Abd-Allaah al-Qarani, 183, 196.

 

Sheikh Muhammed Salih Al-Munajjid

 

Islam Question and Answer - It is mustahabb to isolate oneself at times of tribulation when the Muslim fears he may lose his religious commitment

It is mustahabb to isolate oneself at times of tribulation when the Muslim fears he may lose his religious commitment

I recently read this hadith which is related by Bukhari but I dont understand its meaning, it goes something like; 'A time will come when the best property of a Muslim will be sheep which he will take to a mountain so as too flee with his realigion from afflictions' Can you lpease try and explain it's meaning to me?

 

Praise be to Allaah.
 

 

Commentary
on the hadeeth. 

This hadeeth
was narrated by al-Bukhaari in a number of places in his Saheeh, such
as (7088) Kitaab al-Fitan, where he narrated that Abu Sa’eed
al-Khudri (may Allaah be pleased with him) said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “Soon there will come
a time when the best wealth a Muslim will have will be sheep which he will
take to the mountaintops and places where rain falls, fleeing for the sake
of his religious commitment from tribulation.” And Muslim narrated a similar
hadeeth in his Saheeh (1888), also from Abu Sa’eed al-Khudri (may
Allaah be pleased with him), which says that a man came to the Prophet
(peace and blessings of Allaah be upon him) and said, “Which of the people
is best?” He said, “A man who strives in jihad for the sake of Allaah with
his wealth and his self.” He asked, “Then who?” He said, “A believer in a
mountain pass who worships Allaah and leaves the people alone.” 

The word
sha’af [in the second hadeeth] means a mountaintop. The word shi’b [in the
first hadeeth] means a gap or pass between two mountains. Al- Nawawi said in
Sharh Saheeh Muslim (13/34): “This does not mean the mountain pass
itself, rather what is referred to is being alone and isolating oneself. A
mountain pass is mentioned as a metaphor because it is usually devoid of
people.” 

The hadeeth
indicates that it is preferable to isolate oneself from people and not mix
with them in cases where a Muslim fears for his religious commitment because
of widespread tribulation, where if he mixes with people he cannot be sure
that his religious commitment will be safe and that he will not apostatize
or deviate from the truth, or fall into shirk or abandon the basic
principles and pillars of Islam, and so on. 

Al-Haafiz
ibn Hajar said in al-Fath (13/42):  “This report indicates that
isolation is preferable in the case of one who fears for his religious
commitment.” 

Al-Sindi
said in his footnotes on al-Nasaa’i (8/124): “This shows that it is
permissible to isolate oneself, indeed it is preferable at times of
tribulation.” 

In the
second hadeeth quoted above the Prophet (peace and blessings of Allaah
be upon him) mentioned the believer who isolates himself second in virtue
only to the mujaahid who fights for the sake of Allaah. Al-Haafiz said in
al-Fath (6/6): “The believer who isolates himself is second in virtue
only to the mujaahid because the one who mixes with people cannot guarantee
that he will not commit sin, and these sins may be greater in number than
the hasanaat (rewards for good deeds) that he gains as a result of mixing
with people. But being isolated is regarded as preferable only in cases
where there is tribulation.” 

As for
isolating oneself at times other than times of tribulation when a Muslim
fears for his religious commitment, the scholars differed in their views in
this case. The majority said that mixing with people is preferable to
withdrawing from them, and they quoted several texts as evidence for that,
including the following: 

1 – That
this was the way of the Prophet (peace and blessings of Allaah be upon
him) and the Prophets before him (peace be upon them), and the majority of
the Sahaabah (may Allaah be pleased with them). (Sharh Muslim
by al-Nawawi, 13/34). 

2 – The
report narrated by al-Tirmidhi (5207) and Ibn Maajah (4032), which says that
the Prophet (peace and blessings of Allaah be upon him) said: “The
believer who mixes with people and patiently bears their annoyance will have
a greater reward than the believer who does not mix with people and
patiently bear their annoyance.” (Classed as saheeh by al-Albaani in
Saheeh al-Tirmidhi, 2035). 

Al-Sindi said in his
footnote on Ibn Maajah (2/493): “This hadeeth indicates that the one who is
patient and mixes with people is better than the one who isolates himself.” 

Al-San’aani
said in Subul al-Salaam (4/416): “This indicates that mixing with
people whereby one enjoins what is good and forbids what is evil and deals
with them in a good manner is better than keeping away from them and not
putting up with mixing with them.” 

3 – The
report narrated by al-Tirmidhi (1574) from Abu Hurayrah (may Allaah be
pleased with him) who said: “One of the Companions of the Messenger of
Allaah (peace and blessings of Allaah be upon him) came upon a mountain
pass where there was a small spring of fresh water, which delighted him
because it was so good. He said, ‘What if I were to withdraw from the people
and settle in this mountain pass? But I will not do it until I seek the
permission of the Messenger of Allaah (peace and blessings of Allaah be
upon him).’ So he mentioned it to the Messenger of Allaah (peace and
blessings of Allaah be upon him), who said: ‘Do not do that, for if any one
of you remains striving for the sake of Allaah, it is better than praying in
His House for seventy years. Do you not want Allaah to forgive you and admit
you to Paradise? Fight in Allaah's cause. He who fights in Allaah's cause as
long as the time between two milkings of a she-camel will be assured of
Paradise.’” (It was classed as hasan by al-Albaani in Saheeh al-Tirmidhi,
1348). 

The benefits
that the Muslim gains by mixing with people for legitimate shar’i purposes,
include establishing the rituals of Islam, increasing the number of the
Muslims, spreading all kinds of goodness among them by helping and aiding
them etc., attending Jumu’ah (Friday) prayers and prayers in congregation,
attending funerals, visiting the sick, attending dhikr circles, etc. (Fath
al-Baari, 13/43); Sharh Muslim by al-Nawawi, 13/34).  

And Allaah
is the Source of strength. And Allaah knows best. May Allaah bless our
Prophet Muhammad and all his family and companions, and grant them peace.

Islam Q&A