global_id
int64 1
19.1k
| title
stringlengths 4
265
| question
stringlengths 24
13.9k
| answer
stringlengths 19
37.4k
| topic
stringclasses 266
values | page_url
stringlengths 50
114
| article_url
stringlengths 42
292
| original_topic_id
int64 1
269
| original_id
int64 1
518k
|
|---|---|---|---|---|---|---|---|---|
601 | Marriage after a haraam relationship in which there was no zina | Question
A man and a woman repented from an unlawful sexual
relationship, but they continued to kiss and embrace, but
without a sexual relationship, then they got married after
that. Is this marriage permissible?. | Praise be to Allah.
Firstly:
A relationship between a man and a woman
outside of marriage, which is what is called an unlawful
relationship, is haraam, regardless of the level of this
relationship and whether it goes as far as an intimate
relationship or zina (sexual relationship), which is the most
reprehensible and abhorrent type of sins and one of the
gravest of major sins that poses the greatest danger to the
individual’s religious commitment and faith, or it is less
than that, such as looking, touching or kissing. All of that
is haraam and these are types of zina in the general sense,
and are things that lead to the greater immoral
action.
See the answers to questions no. 27259,
23349 and 9465.
Secondly:
If marriage takes place after a haraam
relationship between a man and woman, then one of the
following scenarios must apply:
1.
Either that marriage comes after an
illegitimate sexual relationship, in which case the marriage
is not valid except on the condition that both the man and
woman repent from zina and it be established that the woman
is not pregnant as a result of the haraam relationship,
because Allah, may He be exalted, says (interpretation of the
meaning): “The adulterer/fornicator marries not but an
adulteress/fornicatress or a Mushrikah; and the
adulteress/fornicatress, none marries her except an
adulterer/fornicater or a Mushrik [and that means that the
man who agrees to marry (have a sexual relation with) a
Mushrikah (female polytheist, pagan or idolatress) or a
prostitute, then surely, he is either an
adulterer/fornicator, or a Mushrik (polytheist, pagan or
idolater). And the woman who agrees to marry (have a sexual
relation with) a Mushrik (polytheist, pagan or idolater) or
an adulterer/fornicator, then she is either a prostitute or a
Mushrikah (female polytheist, pagan, or idolatress)]. Such a
thing is forbidden to the believers (of Islâmic Monotheism)”
[al-Noor 24:3].
For more information please see the answer
to questions no. 85335
and 11195.
2.
That marriage comes after a haraam
relationship, but the relationship did not go as far as zina,
such as kissing, touching and other haraam actions that are
less serious than zina. In this case the marriage is valid,
because it cannot be said of those who fell into this haraam
relationship that they committed zina.
For more information please see the answer
to question no. 106288.
And Allah knows
best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/148528/marriage-after-a-haraam-relationship-in-which-there-was-no-zina | 177 | 148,528 |
602 | Will I Be Punished Even If I Repent from Zina? | Question
I have a friend who got to know a man 6 years ago. Praise be to Allah, they have got married, but before that they committed zina. My friend deeply regrets what she did, she weeps night and day and offers all the prayers and prays for forgiveness every day. After getting married, they went for ‘Umrah and they intend to do Hajj, but her husband wants children and she is afraid that she will produce a deformed child as a punishment from Allah. She says that the one who commits zina will be punished in this world and in the Hereafter even if he or she repents. Is this true? Will they go to Hell?. | Praise be to Allah.Repentance: Your way to forgiveness
We praise Allah for having enabled your friends to repent, and we ask Him to reward them and make them steadfast. Undoubtedly the immoral actions that they committed are causes of Allah's punishment in this world and in the Hereafter, but there is the hope that sincere repentance from this action, regret for what was done, resolve not to do it again, and weeping for having sinned against Allaah and violated the sanctity of the Muslims will all be good for this repentant person and will be the cause of his or her bad deeds being turned to good deeds.
Never despair of Allah’s mercy
This sister’s repentance should not lead her to despair of the mercy of Allah, for the Shaytan will exploit this and will prevent her from repenting and doing good deeds.
It is good that she regrets what she did and weeps and repents and prays for forgiveness, out of recognition of the seriousness of the sin that she and her husband committed. But it is not good for her to despair of the mercy of Allah and think badly of Him, may He be exalted.
Our Lord has told us that He forgives all sins, no matter how great they are or how many, if we repent to Him, and He has forbidden us to despair of His mercy, as He says (interpretation of the meaning):
“Say: O ‘Ibadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allah, verily, Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful” [al-Zumar 39:53]
And He has told us that He will turn evil deeds to good deeds for the one who is sincere in his repentance, even if he has committed shirk and murder and zina, which are the gravest of sins. Allah says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse -- and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful” [al-Furqaan 25:68-70]
Will I be punished even if I repent from zina?
Our Prophet (peace and blessings of Allah be upon him) told us that Allah rejoices over the repentance of His slave and that the one who repents from sin is like one who did not sin.
Hence we can see that it is wrong to say that the one who commits zina will be punished in this world and in the Hereafter even if he repents. The evidence quoted above proves that this idea is false. Rather Allah encourages His slaves to repent and rewards them for it if they do it; He does not punish them.
So there is no need to fear having children and no need to be anxious.
Ask Allah for righteous children, and seek the help of your Lord, and do many good deeds. We ask Allah to help you to do that which pleases Him.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/47971/will-i-be-punished-even-if-i-repent-from-zina | 177 | 47,971 |
603 | Can she ask her husband to use a condom to protect herself if he marries another wife? | Question
In this day and age a lot of people step out of there marriage and make kids that r not there husband and bring back S.T.Ds so can I ask my husband to use condoms with me to protect myself if he take on a second wife. | Praise be to Allah.
Firstly:
Zina is a major sin, great calamity and the worst of conduct,
and its consequences in this world, in the Hereafter and in the grave are
severe.
Allah says (interpretation of the meaning):
“Made lawful to you
this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah
has made lawful (meat of slaughtered eatable animals, milk products, fats,
vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of
the people of the Scripture (Jews and Christians) is lawful to you and yours
is lawful to them. (Lawful to you in marriage) are chaste women from the
believers and chaste women from those who were given the Scripture (Jews and
Christians) before your time when you have given their due Mahr
(bridal-money given by the husband to his wife at the time of marriage),
desiring chastity (i.e. taking them in legal wedlock) not committing illegal
sexual intercourse, nor taking them as girlfriends. And whosoever
disbelieves in Faith, [i.e. in the Oneness of Allaah and in all the other
Articles of Faith i.e. His (Allaah’s) Angels, His Holy Books, His
Messengers, the Day of Resurrection and Al‑Qadar (Divine Preordainments)],
then fruitless is his work; and in the Hereafter he will be among the losers”
[al-Maa’idah 5:5].
Ibn Katheer (may Allah have mercy on him) said:
Just as it is stipulated that women be chaste -- which means
refraining from zina -- it is also stipulated for men; a man should also be
chaste. Hence Allah says “not
committing illegal sexual intercourse”, referring to adulterers
and fornicators who do not refrain from committing any sin and do not
control themselves. “nor taking them
as girlfriends” means: limiting himself to one woman or mistress.
End quote.
Tafseer Ibn Katheer, 3/43
Shaykh al-Islam [Ibn Taymiyah] (may Allah have mercy on him)
said:
If a woman's husband commits zina with another woman, and
does not distinguish between halaal and haraam, his intimacy with that woman
is the same as the intimacy of the zaani with a woman with whom he is
committing zina, even if no one else is intimate with her, because one of
the forms of zina is taking a girlfriend or mistress.
End quote. Majmoo‘ al-Fataawa, 32/145
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was
asked:
A woman saw her husband committing zina -- Allah forbid. What
should she do?
He replied:
She should advise him, especially if that was the first time
and she has children from him. But if he persists in doing that then she
should seek an annulment of the marriage. However, in general, she should
weigh up the pros and cons and decide on that basis. End quote.
Thamaraat al-Tadween min Masaa’il Ibn ‘Uthaymeen,
p. 112
See also the answer to question no.
115107
Secondly:
The wife does not have the right to ask her husband to use
condoms during marital relations, unless there is a reason for doing that.
The fact that he has married another woman in a legitimate shar‘i marriage
does not make it permissible for her to do that, unless it is clear that the
husband himself has a disease, such as AIDS and the like, which could be
transmitted to her through sex, or it becomes clear that the other wife has
a disease of this type, or the husband was in a haraam relationship outside
of marriage. In that case she has the right to ask him to use condoms, so as
to ward off the harm that is thought to exist in him, until it becomes clear
that he is free of that. If it becomes clear that he is healthy and there is
no obvious source of danger of transmitting disease through him, then she no
longer has the right to ask him to do that. If it becomes clear that he does
have a disease which could harm her or be transmitted to her, then she has
the right to ask him to carry on using it; indeed, in that case she has the
right to ask him to annul the marriage, if his sickness poses a danger to
her and it is something that it is difficult to treat or avoid, such as AIDS
and the like.
See: al-Ahkaam al-Shara‘iyyah al-Muta‘alliqah bi Marda
al-AIDS, by Dr. ‘Umar Sulaymaan al-Ashqar, in Diraasaat Fiqhiyyah fi
Qadaaya Tibbiyyah (1/25 ff).
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/139869/can-she-ask-her-husband-to-use-a-condom-to-protect-herself-if-he-marries-another-wife | 177 | 139,869 |
604 | Is Zina a Major Sin? | Question
I would like to know which sin is greater and more serious: zina, drinking alcohol or gambling? | Praise be to Allah.Zina, alcohol and gambling are major sins
The texts of the Quran and Sunnah indicate that zina , alcohol and gambling are major sins. Allah says (interpretation of the meaning):
“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansab (stone altars for sacrifices to idols etc) and Al-Azlam (arrows for seeking luck or decision) are an abomination of Shaytan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” [Al-Maidah 5:90]
“And come not near to unlawful sex. Verily, it is a Fahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allah forgives him.” [Al-Isra 17:32]
Al-Bukhari narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “No adulterer is a believer at the time when he is committing adultery; no thief is a believer at the time when he is stealing; no drinker of wine is a believer at the time when he is drinking it.” (Narrated by al-Bukhari (5578) and Muslim (57)
Avoiding major sins is a condition of expiation of bad deeds
Allah has made avoiding these evil deeds a condition of expiation of bad deeds and rising in status. Allah says (interpretation of the meaning):
“If you avoid the great sins which you are forbidden to do, We shall expiate from you your (small) sins, and admit you to a Noble Entrance (i.e. Paradise).” [al-Nisa 4:31]
Abu Hurayrah narrated that the Messenger of Allah (blessings and peace of Allah be upon him) used to say: “The five daily prayers, from one Jumu’ah to the next, and from one Ramadan to the next, are an expiation for whatever (sins) come in between, so long as one avoids major sins.” (Narrated by Muslim (233)
Zina is the most serious of these major sins
The most serious of these three major sins is zina, because Allah mentioned it alongside worshipping idols and murder. Allah says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse.” [Al-Furqan 25:68]
And because, in addition to its being a major sin and transgression against the rights of Allah, it is also a transgression against the dearest and noblest thing that a person can possess, which is his honour, in addition to the serious negative consequences , evils and shame that result from it, which may last for a long time and affect generation after generation -- Allah forbid.
Al-Mundhiri (may Allah have mercy on him) said:
“It is true that when the one who persisted in drinking alcohol dies, he will meet Allah like one who worshipped idols, and there is no doubt that zina is worse and more serious before Allah than drinking alcohol.” (Al-Targhib wa’l-Tarhib, 3/190)
Al-Safarini (may Allah have mercy on him) said:
“Zina is the most serious of major sins after shirk and murder.” (Ghidha al-Albab, 2/305)
Hence the hadd (punishment) for zina is more severe than that for drinking alcohol, especially if the person is married.
Drinking alcohol, gambling and zina: Which is worse?
And drinking alcohol is worse than gambling . The Prophet (blessings and peace of Allah be upon him) cursed ten with regard to alcohol: the one who squeezes it (the grapes etc), the one for whom it is squeezed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it, the one who consumes its price, the one who buys it and the one for whom it is bought.” (Narrated by al-Tirmidhi, 1259; classed as sahih by al-Albani)
It leads to all evil and bad attitudes, and it is the mother of all evils.
But the matter may vary, according to the evils and corruption that result from it. A man may commit zina once and then never repeat it; a man may drink alcohol and become addicted to it, so his attitude becomes bad and he commits a lot of immoral deeds, forsakes his family and does not spend on his children; his love of alcohol may tempt him to steal and keep company with bad people, and other things that some of these people may fall into. So in that case, his situation is worse and his sin is greater than the one who commits zina once and then gives up zina.
Al-Nasai (5666) narrated that ‘Uthman (may Allah be pleased with him) said:
“Avoid alcohol for it is the mother of all evils. There was a man among the people who came before you who was a devoted worshipper. A seductive woman fell in love with him, and she sent her slave-woman to him to call him to bear witness. He went with the slave-woman, and every time they passed through a door, she locked it behind them, until he reached a beautiful woman with whom was a child and a vessel of wine. She said, ‘I did not call you to bear witness, rather I called you either to have intercourse with me, or to drink a cup of this wine, or to kill this child.’ He said, ‘Pour me some of this wine.’ So she poured him a cup, then he said, ‘Give me more,’ and he did not stop until he had intercourse with her and killed the child. So avoid alcohol, for by Allah faith and addiction to wine cannot be combined except soon one of them will be expelled.” (Classed as sahih by al-Albani in Sahih al-Nasai)
Al-Sawi said in his commentary on al-Sharh al-Saghir (4/500) about drinking alcohol:
“Its evil consequences are worse than the evil consequences of zina because it is very common, because drinking it may lead to zina, stealing and murder, hence it was narrated that it is the mother of evils.”
So the basic principle is that zina is the worst of the three, then alcohol, then gambling. But it may vary according to the evil consequences that result from it. What is required is to keep away from all of that and similar major sins and haram actions. The one who has a problem with any of these evils at any time should conceal himself with the concealment of Allah and hasten to repent before it is too late and before a seal is placed on his heart as the result of continuing evil actions and sins.
Allah says -- after mentioning a number of major sins and immoral actions, such as associating others with Allah, murder, zina and other major sins (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse __and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allah with true repentance.” [Al-Furqan 25:68-71]
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/138270/is-zina-a-major-sin | 177 | 138,270 |
605 | Tragedy suffered by a girl whose mother’s husband does not fear Allaah | Question
It is with sorrow that i ask this question.My friend has been raped be her father for many years.She was conceived outside her parent's marriage but they married following her birth.She revealed the rape after she got married.Her father is a religious man with a solid reputation.I ahve heard once that the father of an illigitimate child is allowed to have a sexual realtionship with her because in Islam she is not his daughter,kindly clear me on that matter | Praise be to Allah.
If what is mentioned in the question is true, then what can
we say about a mother’s husband who is so despicable, vile and contemptible,
and who is lacking in religious commitment and transgresses the limits set
by Allaah? To Allaah we belong and unto Him is our return; there is no power
and no strength except with Allaah.
Does he not know that Allaah has forbidden a man to marry the
daughter of his wife with whom he has consummated the marriage? Allaah says
(interpretation of the meaning):
“Forbidden to you (for marriage) are: your mothers, your
daughters, … your stepdaughters under your guardianship, born of your wives
to whom you have gone in”
[al-Nisa’ 4:23]
Let alone committing immoral actions with her. Does this man
not know of the serious threat which Allaah issues and the painful torment
that awaits the zaani (adulterer, one who engages in unlawful sexual
relations)? Allaah says (interpretation of the meaning):
“And those who invoke not
any other ilaah (god) along with Allaah, nor kill such person as Allaah has
forbidden, except for just cause, nor commit illegal sexual intercourse
and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
Does he not know that committing adultery with one's
neighbour’s wife is worse than committing adultery with any other woman? It
says in the hadeeth that ‘Abd-Allaah (may Allaah be pleased with him) said:
“I said, ‘O Messenger of Allaah, which sin is the worst?’ He said, ‘Setting
up a rival to Allaah when He has created you.’ I said, ‘Then what?’ He said,
‘Killing your child so that he will not eat with you.’ I said, ‘Then what?’
He said, ‘Committing adultery with your neighbour’s wife.’” (Narrated by
al-Bukhaari, al-Hudood, 6313).
Committing adultery with
one’s neighbour’s wife is regarded as a greater sin than committing adultery
with any other woman, so how about committing zina with someone who is his
mahram and is forbidden to him, as this evil man has done?
Ibn Abi Shaybah said: Question on committing zina with a
mahram: Hafs narrated from Ash’ath from ‘Adiyy ibn Thaabit from al-Bara’
that the Prophet (peace and blessings of Allaah be upon him) sent him
to a man who had married his father’s wife, and ordered him to bring him his
head. Wakee’ narrated from Hasan ibn Saalih from al-Suddi from ‘Adiyy ibn
Thaabit that al-Bara’ said: “I met my maternal uncle and he was carrying a
banner. I said, ‘Where are you going?’ He said, ‘The Prophet (peace and
blessings of Allaah be upon him) has sent me to a man who married his
father’s wife, to kill him, or to strike his neck.’”
Al-Musannaaf by Ibn Abi Shaybah,
part 8, p. 380. Also narrated by al-Nasaa’i, al-Nikaah, 3279; classed
as saheeh by al-Albaani in Saheeh al-Nasaa’i, 3123.
So how about if he forced this girl to do that, and committed
zina with her against her will?
It is very strange that it says in the question that he is
very religious, even though he has audaciously transgressed the limits set
by Allaah. We ask Allaah to keep us safe and sound.
One of the basic principles of Islam which no Muslim has no excuse for not knowing is that zina – with any woman at all – is haraam and is a major sin, and it is even worse if the woman with whom a person commits zina is one whom he is permanently forbidden to marry. We seek refuge with Allaah from the things that earn His wrath and painful torment. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/12707/tragedy-suffered-by-a-girl-whose-mothers-husband-does-not-fear-allaah | 177 | 12,707 |
606 | The crime of zina and getting rid of its effects | Question
What should the person who has fallen into the crime of zina do to get rid of the effects that it has had on him?. | Praise be to Allah.
Zina is one of the worst of haraam actions and is one of the
greatest of major sins. Allaah has issued a warning to the mushrikeen, those
who kill unlawfully and those who commit zina of a double punishment on the
Day of Resurrection and an eternity of punishment in which they will be
humiliated because of the gravity of their crime and the abhorrence of their
actions, as Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse ___
and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic
Monotheism) …”
[al-Furqaan 25:68-70].
The one who has fallen into any of these sins has to repent
sincerely to Allaah and follow that with sincere faith and righteous deeds.
Repentance is sincere when the penitent gives up the sin, regrets what he
has done in the past and resolves firmly and sincerely not to go back to it,
out of fear of Allaah and veneration of Him, and in hope of His reward and
for fear of His punishment. Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents,
believes (in My Oneness, and associates none in worship with Me) and does
righteous good deeds, and then remains constant in doing them (till his
death)”
[Ta-Ha 20:82].
What every Muslim man and woman must do is beware of this grave evil and the things that lead to it, and they must hasten to repent sincerely from anything of that that they have done in the past. Allaah accepts the repentance of those who repent sincerely and forgives them. End quote. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/128111/the-crime-of-zina-and-getting-rid-of-its-effects | 177 | 128,111 |
607 | She repented from a haram relationship in which she lost her virginity. Should she marry who fornicated with her? | Question
I am in a relationship with a man who took my virginity. I repented from such evil deeds and ask Allah to accept my repentance. This man proposed to me, but he is not religious, he smokes cigarettes and hashish and drinks alcohol. What should I do, he knows my matter. Or shall I leave him and have a hymen repair operation done and marry a religious man? I was pregnant and I aborted the baby. Allah knows how sincere my repentance is. | Praise be to Allah.
Firstly:
Zina
(fornication or adultery) is a major sin. Allaah has forbidden doing the
things that lead to it and has prescribed the hadd punishment for the one
who does it, and He has warned adulterers of punishment in the Hereafter.
Allaah says
(interpretation of the meaning):
“And come
not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that
transgresses its limits: a great sin), and an evil way that leads one to
hell unless Allaah forgives him”
[al-Isra’
17:32].
Ibn Jareer
al-Tabari (may Allaah have mercy on him) said:
“And come
not near” O people
“to
unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its
limits: a great sin)”. Zina (translated here as “unlawful sex”) is a
great sin.
“and an
evil way” i.e., the way of zina is an evil way, because it is the way of
the people who disobey Allaah and go against His command; what a bad way is
the way that leads a person to the fire of Hell.
Tafseer
al-Tabari
(17/438).
Shaykh ‘Abd
al-Rahmaan al-Sa’di (may Allaah have mercy on him) said:
The
prohibition on approaching it is more eloquent than a simple prohibition on
doing it, because that includes the prohibition on all the things that lead
to it and promote it, because “the one who grazes his flock around a
protected areas will soon transgress upon it,” especially in a matter of
this nature when the motive is very strong. Allaah describes zina as
abhorrent, as He says “it is a Faahishah (i.e. anything that transgresses
its limits: a great sin)”, i.e., it is a sin which is abhorrent
according to sharee’ah, reason and common sense, because it is a
transgression against Allaah, and against the woman and her family or
husband, and it leads to immorality, confusion of lineages and other evil
consequences.
“and an
evil way” means: what an evil way is the way of the one who dares to
commit this grave sin.
Tafseer
al-Sa’di
(p. 457).
See also the
answers to questions no. 76060,
20983 and
95754.
Secondly:
With regard to
the abortion, if the soul had been breathed into the foetus, then this is
another crime in addition to the crime of zina. If the soul had not yet been
breathed into the foetus then it is less serious.
For a detailed
discussion on that, please see the answers to questions no.
11195,
13319,
13331 and
90054.
Thirdly:
We praise
Allaah for having enabled you to repent, and we hope that it is sincere
repentance. The conditions of sincere repentance include: regretting the
sins that you have committed, and immediately giving up that immoral action,
and everything that leads to it such as contact, correspondence and dates.
The conditions of repentance also include resolving not to return to this
deed.
You also have
to do a lot of righteous deeds, such as prayer, reading Qur’aan and fasting,
so as to strengthen your faith and piety. Good deeds erase bad deeds and
sincere repentance erases that which came before it, and turns bad deeds
into good deeds. Allaah says – after mentioning the sins of shirk
(associating others with Allaah), murder and zina – (interpretation of the
meaning):
“Except
those who repent and believe (in Islamic Monotheism), and do righteous
deeds; for those, Allaah will change their sins into good deeds, and Allaah
is Oft‑Forgiving, Most Merciful”
[al-Furqaan
25:70].
Fourthly:
With regard to
marrying that criminal, you should understand that in order for the marriage
of a man and woman who had committed zina to be valid, it is essential that
they repent sincerely. It seems to us from your questions that he has not
repented from what he did, rather he had added to the first calamity the
other bad things that he is doing, such as smoking hasheesh and drinking
intoxicants. What we think is that one who is like this also does not pray.
If this is indeed the case, then it is definitely not permissible to accept
him as a husband, because not praying is kufr that puts a person beyond the
pale of Islam, and it is not permissible for a Muslim woman to marry a
kaafir.
For a more
detailed discussion on the issue of marrying a zaani (one who commits
fornication or adultery), please see the answers to questions no.
85335,
87894 and
96460.
Fifthly:
With regard to
having an operation to repair the hymen, this is haraam, because it is
deceiving the one who marries you.
For a detailed
discussion of this matter, please see the answer to question no.
844.
With regard to
telling your future husband that you lost your virginity in this haraam
relationship, that is not permissible, because it is exposing your faults,
and the Muslim is required to conceal his faults. You can use double
entendres in your speech. It is well known that the hymen may be broken by
means of something other than intercourse in some cases, so you can make the
most of that by using a double entendre.
See the answer
to question no. 42992.
But if it is
possible to encourage this person to repent sincerely and pray regularly,
and he shows sincerity and signs of repenting and praying regularly, then
there is nothing wrong with accepting him as a husband. Undoubtedly this
solution would be easier for you, and more concealing for you, but how could
one believe a person like that?!
We ask Allaah
to accept your repentance and set your affairs straight, and to conceal our
faults and yours in this world and in the Hereafter.
And Allaah
knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/104492/she-repented-from-a-haram-relationship-in-which-she-lost-her-virginity-should-she-marry-who-fornicated-with-her | 177 | 104,492 |
608 | He wants to repent from homosexuality and needs help | Question
I am a very serious muslim who reverted to islam many years ago. i was sexually abused as a child and after that, i am attracted to males as well as females. it is something that i hate within myself, but i don't know how to change it. i don't commit the actual sin often, but i do it sometime. after i do it, i hate it as i know ALLAH hates such perversion. the problem is that i am unable to help myself. i try and try to change, but i am unable to change. i beg and continue to beg ALLAH for help. i have also confessed in front of muslims seeking help, and i have been in therapy. the main thing is that i love ALLAH and the sunnah, and everything else in my life reflects this love. i am constantly striving for the pleasure and nearness of ALLAH. please please please help me. since i am plagued with this sickness, i understand why the sharia mandates that death is the punishment for homosexuality. i am potentially big and serious problem within the ummah. as long as i am alive, i may commit this perversive act. all of my friends are ,uslim and all of them are serious muslims like me. the shaitan may whisper to us and use me to detroy me and a friend's iman. please help me. i am ready to go anywhere i need to go so that i can be subjected to the beautiful and complete sharia of ALLAH. i don't want to commit this sin anymore, and i don't want to be a threat to any of ALLAH's servants. please help me soon. i don't know where else to turn. | Praise be to Allah.We will discuss four points with you and no more than that, and we hope that you will read them carefully. These four points are: the abhorrent nature of the sin of homosexuality; the damaging effects it has on health; the greatness of Allah’s mercy to those who repent; and ways of dealing with this problem.
1 – The abhorrent nature of the sin of homosexuality
Ibn al-Qayyim said concerning the people of Loot:
Those who support the first view – who are the majority of the ummah, and more than one narrated that there was consensus among the Sahaabah on this point – said that there is no sin that causes more corruption than the sin of homosexuality. It is second only to the sin of kufr, and may be greater than the sin of murder, as we shall see below in sha Allah.
They said: Allah did not test anyone with this major sin before the people of Loot, and He punished them with a punishment that he did not send upon any other nation. He sent upon them various kinds of punishment: they were destroyed, their houses were turned upside down, the earth swallowed them up, they were pelted with stones from the sky, their eyes were blinded, they were tormented and their torment was made ongoing. So they were punished severely in a way that no other nation was punished, and that was because of the evilness of this crime which almost causes the earth to shake when it is done on it; and the angels flee to the ends of the heavens and the earth when they witness it, fearing that the punishment may come upon its people and strike them too; and the earth cries out to its Lord, and the mountains almost collapse.
Killing the one to whom it is done would be better for him than having intercourse with him, for if a man has intercourse with him he corrupts him in such a way that life is no longer worth living, unlike killing him in a real sense, in which case he would be a martyr who had been wronged, which may be of benefit to him in the Hereafter.
And he said:
The companions of the Messenger of Allah (peace and blessings of Allah be upon him) agreed unanimously that he should be put to death, and none of them disagreed about that. Rather they differed with regard to the manner in which he should be put to death. Some of the people thought that the difference of opinion had to do with whether [the homosexual] should be executed, and they narrated it as being a point of dispute among the Sahaabah, whereas in fact it was a matter on which there was consensus.
Whoever ponders the verse in which Allah says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to hell unless Allah Forgives him)”
[al-Isra’ 17:32]
And the verse in which He says concerning homosexuality (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: “Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?”
[al-A’raaf 7:80]
will see a difference between the two. For Allah mentioned zina without the definite article, indicating it is a kind of evil action, but He mentioned homosexuality (liwaat) with the definite article al-, which means that it encompasses all aspects of faahishah or evil.
Then Allah confirms that and states that no one in the ‘aalameen (mankind and jinn) ever did this before them, as He says, “such as none preceding you has committed in the ‘Aalameen (mankind and jinn)”. Then He emphasizes that even further by mentioning it a blunt manner that demonstrates the abhorrent nature of this action, which is a man having intercourse with a man as a man has intercourse with a woman, and He says (interpretation of the meaning):
“Verily, you practise your lusts on men instead of women”
[al-A’raaf 7:81]
Then Allah confirms how abhorrent that is by stating that the homosexuals distort the nature with which Allah has created men, which is to desire women rather than men. They have twisted the natural order and they approach men with desire rather than women. Hence Allah turned their houses upside down and their hearts likewise, and they were turned upside down, as a punishment.
Then Allah reiterated the abhorrence of their actions by judging them to have transgressed all bounds as He says (interpretation of the meaning):
“Nay, but you are a people transgressing beyond bounds (by committing great sins)”
[al-A’raaf 7:81]
Think about this: was this, or anything similar, said concerning adultery? And Allah reiterated the abhorrent nature of their action when He said (interpretation of the meaning):
“and We saved him from the town (folk) who practised Al‑Khabaa’ith (evil, wicked and filthy deeds)”
[al-Anbiya’ 21:74]
Then Allah the All-Knowing condemned them further by describing them as being extremely evil, as He said (interpretation of the meaning):
“Verily, they were a people given to evil, and were Faasiqoon (rebellious, disobedient to Allah)”
[al-Anbiya’ 21:74]
And He described them as mufsidoon (evildoers etc), as He said (interpretation of the meaning):
“My Lord! Give me victory over the people who are Mufsidoon (those who commit great crimes and sins, oppressors, tyrants, mischief‑makers, corrupters).”
[al-‘Ankaboot 29:30]
And He called them zaalimoon (wrongdoers), in the words that the angels said to Ibraaheem (peace be upon him) (interpretation of the meaning):
“Verily, we are going to destroy the people of this [Loot (Lot’s)] town (i.e. the town of Sodom in Palestine); truly, its people have been Zaalimoon [wrongdoers, polytheists disobedient to Allah, and belied their Messenger Loot (Lot)]”
[al-‘Ankaboot 29:31]
Think about those who have been punished in these ways, and whom Allah has condemned in such terms.
And he said:
Pleasure ceased and was followed with loss; desires ended and led to misery; they enjoyed themselves for a little while, but will be punished for a long time. They grazed on filth, and they suffer a painful torment. They were intoxicated with those desires, but they have awoken in the abode of the tormented. They feel the greatest regret, by Allah, at the time when regret is to no avail. They weep for what they did before, with tears of blood. If only you could see the highest and lowest of this group, with fire coming out from their faces and bodies when they are in the depths of Hell, drinking cups of boiling water instead of delightful drinks, being told as they are being dragged on their faces, “Taste of that which you used to earn.”
“Taste you therein its heat and whether you are patient of it or impatient of it, it is all the same. You are only being requited for what you used to do”
[al-Toor 52:16 – interpretation of the meaning]
Adapted from al-Jawaab al-Kaafi, pp. 240-245.
2 – The damaging effects it has on health:
Dr Mahmoud al-Hijaazi said in his book al-Amraad al-Jinsiyyah wa’l-Tanaasuliyyah (Sexual and genital diseases), when discussing some of the dangers to health caused by committing sodomy:
The diseases which are transmitted by way of sexual perversion (homosexuality) are:
1.AIDS, which causes loss of acquired immunity and usually leads to death.
2.Viral inflammation of the liver
3.Syphilis
4.Gonorrhea
5.Herpes
6.Bacterial inflammation of the anus
7.Typhoid
8.Amoebiasis
9.Intestinal worms
10. Anal warts
11. Scabies
12. Pubic lice (“crabs”)
13. Cytomegalovirus that may lead to anal cancer
14. Genital-lymphatic pustules
3 – The greatness of Allah’s mercy to those who repent
From the above it is clear that this immoral action is seriously wrong and abhorrent, and leads to harmful consequences. Nevertheless the door is open for sinners to repent, and Allah rejoices at their repentance.
Think about what Allah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
By thinking about the words, “Allah will change their sins into good deeds”, you will see how great is the bounty of Allah the Almighty.
The scholars said that there are two meanings of the word “change”:
(i)Bad attributes will be turned into good attributes, such as their shirk being turned into faith, their adultery into chastity, their lying into honesty, their treachery into trustworthiness, and so on.
(ii) The bad deeds that they have done will be turned into good deeds on the Day of Resurrection.
So what you must do is repent to Allah and know that your coming back to Him is better for you and your family and your brothers and the entire society.
Remember that life is short, and that the Hereafter is better and more lasting. Do not forget that Allah destroyed the people of Loot in a way that He did not destroy any other nation.
4 – Ways of dealing with this problem
(i)Keeping away from the things that make it easy for you to fall into this sin and remind you of it, such as:
-Letting your gaze wander and looking at women or movies
-Being alone with any man or woman
(ii) Always keeping yourself busy with things that will benefit you in your religious or worldly affairs, as Allah says (interpretation of the meaning):
“So when you have finished (your occupation), devote yourself for Allah’s worship”
[al-Sharh 94:7]
So when you have finished with some worldly task, then strive to do something that will benefit you in the Hereafter, such as remembering Allah (dhikr), reading Qur’aan, seeking knowledge, listening to useful tapes, etc.
When you finish one act of worship then start another, and if you finish one worldly task then start another… and so on, because if you do not keep your nafs (self) busy with good things, it will keep you busy with bad things. So do not give your nafs any opportunity or spare time to think about this evil action.
(iii) Compare the pleasure you feel when committing this sin with the regret, anxiety and confusion that follow it and stay with you for a long time, and then the torment that awaits the one who does that in the Hereafter. Do you think that any wise man would give precedence to this pleasure which vanishes after an hour over the regret and torment that follow? You can become more convinced of this if you read the book by Ibn al-Qayyim, al-Jawaab al-Kaafi li man sa’ala ‘an al-Dawa’ al-Shaafi. He wrote it for people in a situation like yours. May Allah make things easy for us and for you.
(iv) The wise man does not give up a thing that he loves except for something that he loves more, or for fear of something he dislikes. This evil action will cause you to lose the blessings of this world and the Hereafter, to lose Allah’s love for you, and will incur the anger, wrath and punishment of Allah.
Compare the good you will lose and the evil that will come to you because of this evil action. The wise man will see which should take precedence.
(v) More important than all of the above is making du’aa’ and seeking the help of Allah to ward off this evil from you. Make the most of the times and situations in which prayers are answered, such as sujood (prostration), before the tasleem at the end of prayer, the last third of the night, when it is raining, when travelling, when fasting, and when breaking the fast.
We ask Allah to guide you and to accept your repentance, and to help you to avoid bad deeds and bad attitudes.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/27176/he-wants-to-repent-from-homosexuality-and-needs-help | 177 | 27,176 |
609 | He does not pray and they are afraid that he is working as a pimp | Question
I found out that my sister’s husband earns his money through haram activities. He brings women from their country where to the gulf countries to work as prostitutes. He also commits adultery with them, he confessed to my other sister’s husband. I told my father but he did not believe and said that he is a good man and said also that my other sister’s husband is jealous of him and this is why he is lying about him. But I believe my other brother in law, because my first brother in law is always out, especially at night. My sister told me something; she doubts that he is betraying her. He lies to her and she believes him. She is pregnant now, and has a daughter. I did not tell my sister what I heard about her husband, I want to know my duty towards my sister. For two years since she got marries to him, she suffers from psychological diseases. He does not pray, nor does he fear Allah, and Allah knows best.
Please tell me what should I do in this situation? Should I disclose his matter and tell my sister or shall I keep it a secret? I always ask Allah to guide him.
What worries me the most is my fear. I fear he gets a dangerous disease and passes it unto my sister. I fear her children will be negatively affected. | Praise be to Allah.
What we advise you to do with regard to this problem is three
things: make sure of what your sister’s husband is actually doing, advise
him if it is proven that what he is doing is evil deeds, and strive to have
the marriage annulled if he persists in doing it, whether it is committing
adultery or not praying.
With regard to the first issue:
It is known that the basic principle concerning a Muslim is
that he is innocent, and it is not permissible to accuse him of something
that is not true, otherwise the one who is making the accusation is guilty
of sin.
Allaah says (interpretation of the meaning):
“And those who annoy believing men and women undeservedly,
they bear (on themselves) the crime of slander and plain sin”
[al-Ahzaab 33:58].
It is essential to establish the truth of anything you hear
before basing any decision or ruling on it. Allaah says (interpretation of
the meaning):
“O you who believe! If a Faasiq (liar — evil person) comes
to you with any news, verify it, lest you should harm people in ignorance,
and afterwards you become regretful for what you have done”
[al-Hujuraat 49:6].
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on
him) said:
This is another etiquette which should be adopted and
followed by those who have understanding, which is that if an evil person
tells them something, they should verify his report and not just accept it
willy-nilly, because there is grave danger in that and the possibility of
falling into sin. If his report is treated in the same manner as the report
of an honest person of good character and is acted upon, then it results in
unlawful loss of life or wealth because of that report, it will be a cause
of regret. Rather if news comes from an evil person, it must be checked and
verified. If evidence and circumstances indicate that it is true, then it
may be acted upon and believed, but if it indicates that it is false, then
it should be disbelieved and not acted upon. This indicates that the news of
an honest person is acceptable and the news of a liar is to be rejected, and
the news of an evildoer is to be examined further, as we have said.
Tafseer al-Sa’di (p. 799).
The basic principle is not to accuse people, and that people
are to be presumed innocent. The lie may come from one who claims that the
person admitted it to him, and this is not far fetched. If it is proven that
the one who brought the news is telling the truth, and that this is what is
really happening, then we move on to:
The second issue:
Which is advising and exhorting.
It was narrated from Tameem al-Daari that the Prophet
(peace and blessings of Allaah be upon him) said: “Religion is sincerity.”
We said: To whom? He said: “To Allaah, to His Book, to His Messenger, and to
the leaders of the Muslims and their common folk.” Narrated by Muslim (55).
It was narrated that Jareer ibn ‘Abd-Allaah said: I gave my
oath of allegiance to the Messenger of Allaah (peace and blessings of
Allaah be upon him), pledging to establish regular prayer, pay zakaah and be
sincere towards every Muslim.” Narrated by al-Bukhaari (501) and Muslim
(56).
That is based on the condition that the advice be given in
the best manner to correct faults.
Allaah says (interpretation of the meaning):
“Invite (mankind, O Muhammad
صلىالله عليه وسلم) to the way of your Lord (i.e. Islam) with wisdom
(i.e. with the Divine Revelation and the Qur’aan) and fair preaching, and
argue with them in a way that is better. Truly, your Lord knows best who has
gone astray from His path, and He is the Best Aware of those who are guided”
[al-Nahl 16:125].
The best thing you can advise him to do is to pray. It is
essential for him to understand that not praying is kufr that puts one
beyond the pale of Islam, and that if he dies when he is not praying then he
will have died a death of Jaahiliyyah, and will have died as an apostate.
Then after that he should be advised to give up the haraam actions such as
immoral and evil deeds with those female servants, and pimping them to
others. Bringing in female servants in the first place, even if the aim is
for work only, involves many reprehensible matters. We have discussed
previously the issue of female servants and the ruling on bringing them in
from their countries and the haraam things into which people fall when
female servants work in their homes. This may be read in the answer to
question no. 26282.
If what has been said about him is proven to be true, and he
does not respond to advice and he persists in not praying and in doing evil
deeds, then what you must do is:
The third issue:
Which is: separating him and his wife by annulling the
marriage contract, because the one who does not pray is an apostate, and his
marriage contract with a Muslim woman is to be annulled. Moreover it is not
permissible for a chaste woman to remain married to an immoral adulterer.
His not praying dictates that the marriage contract should be annulled; as
for his committing immoral actions, it does not dictate that the marriage
contract be annulled, but her acceptance of his actions makes her a partner
with him in them. Such a person cannot be trusted with a daughter or a wife,
and there is no guarantee that he will not transmit deadly diseases to her.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) said:
Not praying is kufr which puts one beyond the pale of Islam.
If he has a wife, then his marriage to her is annulled, meat slaughtered by
him is not permissible, his fasting and charity will not be accepted, and it
is not permissible for him to go to Makkah and enter the Haram; if he dies
it is not permissible for him to be washed or shrouded, or the funeral
prayer to be offered for him, or for him to be buried with the Muslims.
Rather he should be taken out into the desert, and a ditch dug for him, and
he should be buried into it. If a person’s relative dies and he knows that
he did not pray, it is not permissible for him to deceive the people by
bringing him to them for them to offer the funeral prayer for him, because
offering the funeral prayer for a kaafir is haraam, as Allaah says
(interpretation of the meaning):
“And never (O Muhammad صلى
الله عليه وسلم) pray (funeral prayer) for any of them (hypocrites)
who dies, nor stand at his grave. Certainly they disbelieved in Allaah and
His Messenger, and died while they were Faasiqoon (rebellious, — disobedient
to Allaah and His Messenger صلى الله عليه وسلم)”
[al-Tawbah 9:84]
“It is not (proper) for the Prophet and those who believe
to ask Allaah’s forgiveness for the Mushrikoon, even though they be of kin,
after it has become clear to them that they are the dwellers of the Fire
(because they died in a state of disbelief)”
[al-Tawbah 9:113]
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen
(12/question no. 26)
See also the answers to questions no.
10094,
2182 and
5208
But we reiterate and remind you not to rush to say such
things about him or to tell your sister and ruin her life and break up her
family without legitimate proof. Our concern about the sacred limits if
Allaah being transgressed should be greater than our fear of disease being
transmitted or our being offended by marital betrayal. She should strive to
make du’aa’ for him and ask that he be guided, and that your sister set her
affairs straight, and ask Allaah to protect her and her off spring from his
evil and from the evil of all evildoers.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/103291/he-does-not-pray-and-they-are-afraid-that-he-is-working-as-a-pimp | 177 | 103,291 |
610 | Permissibility of a Fornicator Marrying a Believing Woman | Question
Please tell me, can I marry a beliver if I`ve had sex with a non-Muslim? Please answer. | Praise be to Allah.If a fornicator repents sincerely, Allah accepts his repentance. Allah says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such a person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled for him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allah with true repentance.”
[25:68-71]
See also question no. 728.
If he repents, then he may marry a believing woman. If a fornicator repents, he should conceal his past and not spread word of it.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/12515/permissibility-of-a-fornicator-marrying-a-believing-woman | 177 | 12,515 |
611 | She claims that her husband raped her daughter and left; is she divorced automatically? | Question
A muslim woman married a muslim man when her youngest daughter was a few months old. he played the role of father.it has been discovered, after he returned to his country of birth for a visit.that he infact sexually molested the little girl and possibly rape.he denies it..but the medical reports confirm this.after weeks of therapy, the child confirmed that it was him that "played" with her..she still thinks it was a cool thing that happened.he has since not returned also sd the authorities are looking for him....QUESTION DOES THIS NULLIFY THE MARRIAGE AUTOMATICALLY? QUESTION: IF NOT -HOW CAN THE MOTHER NULLIFY THIS MARRIAGE. | Praise be to Allah.
Firstly:
Undoubtedly what the husband did to this small child – if it
is proven – is a serous crime, for which he deserves to be stoned to death.
Perhaps such incidents indicate how far such scum are from the laws of
Allaah. Hence the Muslim should be careful with regard to marriage, and he
should be caution and be careful about letting female relatives of the wife
be alone with people who are weak in faith, even if they are small.
Secondly:
It is well known that it is not permissible for a man to
married at the same time to two sisters, and it is nor permissible for him
to marry his wife’s mother – after doing the marriage contract with her – or
her daughter – after consummating the marriage with the mother. So if the
husband commits zina with the wife’s sister, mother or daughter, does his
wife become haraam for him and must he divorce her? And if he was not
married to her, is it permissible for him to marry her? These are issues
concerning which the scholars differed, and there are three opinions:
1.
The view of the majority is that his wife does not become
haraam for him. This is the view of Ibn ‘Abbaas (may Allaah be pleased with
him), ‘Urwah, Sa’eed ibn al-Musayyab and al-Zuhri, and it is the view of the
majority of scholars. Some of them narrated that Ibn ‘Abbaas said that his
wife becomes haraam for him, but this is da’eef (weak); the correct view is
that which we have mentioned above.
Their evidence is that marriage in sharee’ah applies only to
the woman with whom the marriage contract is done, not just to intercourse.
Moreover, there is no dowry, ‘iddah or inheritance in the case of zina. Ibn
‘Abd al-Barr said: The scholars of different regions who issue fatwas are
unanimously agreed that it is not haraam for the zaani to marry the woman
with whom he committed zina, so it is more permissible for him to marry her
mother or daughter.
2.
Ibraaheem al-Nakha’i, al-Sha’bi, Abu Haneefah and his
companions, Ahmad and Ishaaq said, and it was also narrated from Maalik,
that if he commits zina with a woman, her mother and daughter become haraam
for him.
3.
The view of the Hanafis – which is also the view of
al-Shaafa’i – is that touching with desire for a permissible reason comes
under the same ruling as intercourse, because it is intimacy. But if it is
done for a haraam reason, it has no effect, like zina. They said: His wife
become haraam for him if he merely touches her mother or looks at her
private part.
Ibraaheem al-Nakha’i said: They used to say: If a man looks
at a woman and at that which is not permissible for him, or touches her with
desire, then they both become haraam to him.
Al-Musannaf (3/303).
The most correct view is the view of the majority, that his
doing haraam actions with his wife’s mother, daughter or sister does not
make his wife haraam for him, whether he is married or after the marriage
has ended. Hence it is known that if a husband molests his wife’s daughter
and even it is proven that he raped her, this reprehensible act does not
mean that his wife becomes haraam for him.
Al-Bukhaari (may Allaah have mercy on him) narrated (5/1963)
that Ibn ‘Abbaas (may Allaah be pleased with him) said: If a man commits
zina with his wife’s sister, his wife does not become haraam for him.
Al-Bayhaqi narrated – in a report classed as saheeh by
al-Haafiz Ibn Hajar (7/168) – that Ibn ‘Abbaas said concerning a man who
committed zina with his wife’s mother: He has transgressed two sacred
limits, but the wife does not become haraam for him.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
Question: If a man commits zina with a woman, do his
ascendants and descendents become haraam for her, and do her ascendants and
descendents become haraam for him?
Answer: They do not become haraam, because that is not
included in the verse (interpretation of the meaning): “Forbidden to you
(for marriage) are: … your wives’ mothers, your stepdaughters under your
guardianship, born of your wives to whom you have gone in — but there is no
sin on you if you have not gone in them (to marry their daughters), — the
wives of your sons” [al-Nisa’ 4:23]. The zaaniyah (woman who commits
zina) is not included in this, so if a person commits zina with a woman, we
do not say that this woman is one of his wives, and we do not say that this
woman with whom he committed zina is one of “your wives’ mothers” and thus
it remains permissible (to marry her), because she is included in the verse
(interpretation of the meaning): “All others are
lawful…” [al-Nisa’ 4:24].
Al-Sharh al-Mumti’ (5/179).
Thirdly:
You can ask for the marriage to be annulled by the sharee’ah
judge (qaadi) for two legitimate reasons, the first of which is his
evildoing and immorality by committing this revolting crime – if it is
proven; the second is his being away from the home. Both of these reasons
make it permissible for you to seek an annulment of the marriage from the
sharee’ah judge and to demand your rights in full. This is called al-talaaq
li’l-darar (divorce on the grounds of harm). Imam Maalik and Imam Ahmad (may
Allaah have mercy on them) said concerning it: The harm which justifies
seeking a separation of the couple includes everything that harms the wife
or involves mistreatment of her, physically, mentally or psychologically.
That varies from one woman to another, and according to circumstances and
customs. Examples of harm for which a wife may ask for divorce include
hitting her for no legitimate reason, forcing her to do something haraam or
not to do something obligatory, and evil deeds, immorality and misconduct on
his part.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/45522/she-claims-that-her-husband-raped-her-daughter-and-left-is-she-divorced-automatically | 177 | 45,522 |
612 | Can the marriage contract of a zaaniyah be annulled? | Question
If a married woman commits zina, is she still a wife, or is her marriage contract annulled and does she become divorced because of this action?. | Praise be to Allah.
If a married woman commits zina, her marriage contract is not
annulled and she does not become divorced because of her committing this
sin, but if she does not repent and she persists in this evil action, her
husband is enjoined to divorce her, so as to protect his honour and his
children.
Ibn Qudaamah (may Allaah have mercy on him) said:
If a woman commits zina with a man, or her husband commits
zina, the marriage contract is not annulled, whether that occurs before or
after consummation, according to the majority of scholars. This was the view
of Mujaahid, ‘Ata’, al-Nakha’i, al-Thawri, al-Shaafa’i, Ishaaq and ashaab
al-ra’y. But Ahmad regarded it as mustahabb for the man to leave his wife if
she commits zina, and he said: I do not think that he should keep such a
woman, because there is no guarantee that she will not be unfaithful to him
and attribute to him a child who is not his. Ibn al-Mundhir said: Perhaps
those who said that keeping this woman is makrooh did not mean that doing so
is haraam, so it is similar to this view of Ahmad’s.
Ahmad said: And he should not have intercourse with her until
it has been established that she is not pregnant by waiting for three
menstrual cycles.
But it is more likely that this may be established by waiting
for one menstrual cycle. End quote.
Al-Mughni (9/565).
It says in Kashshaaf al-Qinaa’ (5/2):
If a woman commits zina before or after consummation, the
marriage contract is not invalidated, or if a man commits zina before or
after consummating the marriage with his wife, the marriage is not
invalidated by zina, because it is a sin that does not put one beyond the
pale of Islam, like stealing, but he should not have intercourse with her
until she has observed an ‘iddah, if she is the one who committed zina. End
quote.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said:
It should be noted that if a man marries a woman thinking
that she is chaste, then she commits zina when she is married to him, the
more correct of the two (scholarly) opinions is that the marriage is not
annulled, and it is not haraam for him to continue with the marriage. This
was the view of some of those who did not allow marriage to a zaaniyah, as
they differentiated between continuing such a marriage and initiating it.
Those who held this view quoted as evidence the hadeeth of
‘Amr ibn al-Ahwas al-Jashami (may Allaah be pleased with him) who was
present during the Farewell Pilgrimage with the Messenger of Allaah
(peace and blessings of Allaah be upon him). He praised and glorified
Allaah, and reminded and exhorted (the people), then he said: “I enjoin good
treatment of women, for they are prisoners with you, and you have no right
to treat them otherwise, unless they commit blatant sin. If they do that,
then forsake them in their beds and hit them, but without causing injury or
leaving a mark. If they obey you, then do not seek means of annoyance
against them….”
Al-Shawkaani said concerning this hadeeth of ‘Amr ibn
al-Ahwas: It was narrated by Ibn Majaah and al-Tirmidhi, who classed it as
saheeh. Ibn ‘Abd al-Barr said in al-Istee’aab in his biography of
‘Amr ibn al-Ahwas: His hadeeth about the Farewell Sermon is saheeh. End
quote.
His hadeeth about the Farewell Sermon is this hadeeth, based
on the words, He praised and glorified Allaah, and reminded and exhorted
(the people). This reminding and exhortation refers to the sermon as is well
known.
Thus you may understand that the opinion of one who says that
if a man’s wife commits zina, the marriage is annulled and she becomes
haraam for him, is contrary to the correct view, and Allaah knows best. End
quote.
Adwa’ al-Bayaan (6/82, 83)
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/111983/can-the-marriage-contract-of-a-zaaniyah-be-annulled | 177 | 111,983 |
613 | She wants to give up prayer as she feels shy before Allaah because she is committing zina | Question
I know that zina is an immoral and evil action, and I feel too shy to stand before Allaah in prayer after doing ghusl for janaabah because of engaging in zina (unlawful sexual relations). I ask Allaah for forgiveness. Believe me, I do not feel happy and content in myself because of what I am doing, but I am trying to soothe my conscience. Should I go back to praying or not, whilst continuing to commit zina? | Praise be to Allah.Undoubtedly zina is one of the major sins, one of the worst crimes, one of the most evil and immoral of actions. Allaah says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to hell unless Allaah Forgives him)”
[al-Isra’ 17:32]
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
Hence Allaah decrees a severe punishment in this world for those who commit zina, namely the hadd punishment. Allaah says, describing the punishment for the unmarried person who commits zina:
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment.”
[al-Noor 24:2 – interpretation of the meaning]
But for the muhsan (one who is or has been married) who commits zina, the punishment is execution. It says in the hadeeth narrated by Imam Muslim in his Saheeh that the Prophet (peace and blessings of Allaah be upon him) said: “If a previously-married man (commits zina) with a previously-married woman, (the punishment is) one hundred lashes and stoning.” (al-Hudood 3199).
Because of the abhorrence and obscenity of this action, even the monkeys are offended by it, and they carried out the hadd punishment of stoning on a monkey which committed zina, as was narrated in Saheeh al-Bukhaari from ‘Amr ibn Maymoon who said: “During the Jaahiliyyah I saw a monkey which had committed zina, so the other monkeys got together and stoned it, and I stoned it with them.” (al-Manaaqib, 5360).
How can an adult, accountable Muslim whom Allaah has honored with Islam be content to stoop to the level of animals and beasts which, whenever their desire is provoked, they satisfy it however they want? The seriousness of this sin is not limited to punishment in this world only, rather the punishment in the Hereafter is far greater and far worse. According to a hadeeth narrated by Imam al-Bukhaari from Samurah ibn Jundub, the Prophet (peace and blessings of Allaah be upon him) said: “Two (angels) came to me last night, woke me up and set out with me… until we came to something like a tannoor (clay oven), in which there was shouting and voices. We looked inside and saw naked men and women, towards whom flames came from beneath them. When the flames reached them, they cried out. I said to them [the two angels], ‘Who are these people?’… They told me, ‘As for the men and women in the structure like a tannoor oven, they are the adulterers and adulteresses…’” (6525).
If a person dies committing this sin, what will be his situation? What will he say to his Lord when he stands before Him for judgement?? Is this the way to give thanks for the never-ending, innumerable blessings of Allaah? Is this the way to give thanks for the blessings of good health? Do you think that Allaah does not see you when you are committing this great sin? Allaah says (interpretation of the meaning):
“Truly, nothing is hidden from Allaah, in the earth or in the heaven”
[Aal ‘Imraan 3:5]
Do you not know that these physical faculties with which you are disobeying your Creator will testify against you on the Day of Resurrection? Have you not heard the words of the Compeller (al-Jabbaar):
“Till, when they reach it (Hell-fire), their hearing (ears) and their eyes and their skins will testify against them as to what they used to do.
And they will say to their skins, ‘Why do you testify against us?’ They will say: ‘Allaah has caused us to speak.’ He causes all things to speak, and He created you the first time, and to Him you are made to return”
[Fussilat 41:20-21 – interpretation of the meaning]?
So our answer is that you must hasten to repent sincerely from this great sin, regret deeply what you have done, immediately give it up and give up everything that may lead to it. The causes of zina include the following:
1 – Unveiling and wanton display by uncovering the face, hair or any part of the body. It was narrated in the hadeeth that the Prophet (peace and blessings of Allaah be upon him) said: “There are two types of the people of Hell whom I have not seen… Women who are clothed yet naked, who have gone astray and try to lead others astray also. Their heads look like the humps of camels, leaning to one side. They will never enter Paradise nor even smell its fragrance, although its fragrance may be detected from such and such a distance.” (Narrated by Imam Muslim, al-Libaas wa’l-Zeenah, 3971).
2 – Being alone with a man who is not a mahram for you, because the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “No man should be alone with a (non-mahram) woman unless her mahram is present.” (Narrated by al-Bukhaari, 3842).
3 – Beware of mixing with those whom you are not permitted to mix with, for zina only happens as a result of that. You must pay attention to your conscience and do not pay attention to the whispers of the Shaytaan when he tries to make zina look attractive and to make this crime seem insignificant. The Shaytaan has sworn by Allaah’s Glory that he will mislead the sons of Adam. Allaah says (interpretation of the meaning):
“[Iblees (Satan)] said: ‘By Your Might, then I will surely, mislead them all,
Except Your chosen slaves amongst them (i.e. faithful, obedient, true believers of Islamic Monotheism)’”
[Saad 38:82]
The Shaytaan has gained a victory over you in this way, but he will not stop at making you fall into this sin, rather he is striving to make sure that you will abide in Hell for eternity – we seek refuge with Allaah from that – by making the idea of giving up prayer on the basis of this false reasoning seem attractive to you.
Because giving up prayer constitutes kufr or disbelief in Allaah. In Saheeh Muslim it is narrated that Jaabir ibn ‘Abd-Allaah said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘Between a man and kufr and shirk there stands his giving up prayer.’” (al-Eemaan, 116). And he (peace and blessings of Allaah be upon him) said: “The covenant that differentiates us from them is prayer; whoever gives it up is a kaafir.” (Narrated by al-Tirmidhi, al-Eemaan, 2545; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, 2113)
So you have to pray a great deal for forgiveness, repent and make du’aa’. You have to pray regularly and pray a great deal, and strive to be humble and focused in prayer, because Allaah says (interpretation of the meaning):
“and perform As-Salaah (Iqaamat-as-Salaah). Verily, As-Salaah (the prayer) prevents from Al-Fahshaa’ (i.e. great sins of every kind, unlawful sexual intercourse) and Al-Munkar (i.e. disbelief, polytheism, and every kind of evil wicked deed)”
[al-‘Ankaboot 29:45]
“And perform As-Salaah (Iqaamat-as- Salaah), at the two ends of the day and in some hours of the night [i.e. the five compulsory Salaah (prayers)]. Verily, the good deeds remove the evil deeds (i.e. small sins)”
[Hood 11:114]
You should not think that repentance is too difficult or feel that Allaah will never accept your repentance, for the Shaytaan is keen to sow the seeds of despair in your heart.
You should note that whoever repents, Allaah will accept his repentance and change his bad deeds into good deeds. Allaah says (interpretation of the meaning):
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:71]
The gate of repentance is open, and no one can stand between you and repentance. The Prophet (peace and blessings of Allaah be upon him) said: “Allaah will accept the repentance of His slave so long as the death rattle has not yet reached his throat.” (Narrated by al-Tirmidhi, al-Da’waat, 3460; classed as hasan by al-Albaani in Saheeh Sunan al-Tirmidhi, 2802).
Allaah rejoices over this repentance. According to a hadeeth narrated by Imam Muslim in his Saheeh from Anas ibn Maalik, the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah rejoices over the repentance of His slave when he repents more than any one of you would rejoice if he were travelling in the wilderness and his camel which was carrying his food and drink wandered off, and he despaired of ever finding it, then he comes to a tree and lies down in its shade, thinking that he will never see his camel again, then whilst he is like that he sees it standing next to him, so he seizes its reins and says, ‘O Allaah, You are my slave and I am Your Lord!’ making this mistake because he is so happy.” (Baab al-Tawbah, 4932).
Finally, after you have repented you must cut off all the routes that may lead to evil, by means of the way prescribed in sharee’ah which Allaah has permitted, namely marriage. You should note that it is not permissible for a Muslim man or woman to marry a person who has committed zina unless he or she repents to Allaah. If he repents and gives up this sin, then it is permissible for you to marry him after he repents. Please see questions no. 11195 and 2627.
May Allaah help us and you to repent sincerely. And Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/21223/she-wants-to-give-up-prayer-as-she-feels-shy-before-allaah-because-she-is-committing-zina | 177 | 21,223 |
614 | Why Does Islam Forbid Lesbianism and Homosexuality? | Question
Could you please tell me why lesbianism and homosexuality are sins in Islam? I know they are great sins but my question is: why? I haven't been able to find the real reason? So, tell me what Allah says in the Quran and what the Prophet (peace and blessings be upon him) says in hadith about them. | Praise be to Allah.There is wisdom in what Allah has commanded and what He has forbidden
The Muslim should not doubt, even for an instant, that what Allah has prescribed is wise. He should know that there is great wisdom in what Allah has commanded and what He has forbidden.
It is the straight path and is the only way in which man can be safe and at peace, protecting his honour, his mind and his health, in accordance with the natural disposition (fitrah) with which Allah has created man.
Some heretics have tried to attack Islam and its rulings; they have denounced divorce and plural marriage and permitted alcohol. Those who look at the state of their societies will see the state of misery which those societies have reached.
When they rejected divorce, murder took its place. When they rejected plural marriage, men started to take mistresses instead. When they allowed alcohol, all kinds of shameful and immoral actions became widespread.
Gays and lesbians go against the natural disposition
They (gays and lesbians) both go against the natural disposition (fitrah) which Allah has created in mankind – and also in animals – whereby the male is inclined towards the female, and vice versa.
Whoever goes against that goes against the natural disposition of mankind, the fitrah.
Dangers of homosexuality and lesbianism
The spread of homosexuality has caused man diseases which neither the east nor the west can deny exist because of them. Even if the only result of this perversion was AIDS – which attacks the immune system in humans – that would be enough.
It also causes the breakup of the family and leads people to give up their work and study because they are preoccupied with these perversions.
Since the prohibition has come from his Lord, the Muslim should not wait until medicine proves that harm befalls the one who does that which Allah has forbidden. Rather he must believe firmly that Allah only prescribes that which is good for people, and these modern discoveries should only increase his certainty and confidence in the greatness of Allah’s wisdom.
Ibn al-Qayyim said:
“Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allah’s creation and commandment. For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allah or before His creation. The semen of the one who did that to him will act as a poison on his body and soul. The scholars differed as to whether the one to whom it is done will ever enter Paradise. There are two opinions which I heard Shaykh al-Islam (may Allah have mercy on him) narrate.” (al-Jawab al-Kafi, p. 115)
What is lesbianism?
Lesbianism means one woman doing to another something like that which a man does to a woman.
What is homosexuality?
Homosexuality means having intercourse with males in the back passage. This was the action of the accursed people of the Prophet of Allah Lut (peace be upon him). In shari’ah terminology it refers to inserting the tip of the penis into the anus of a male.
Reference to lesbianism and homosexuality in the Quran
What is mentioned concerning these actions in the Quran and Sunnah:
1- Allah says (interpretation of the meaning):
“And (remember) Lut (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Alamin (mankind and jinn)?
Verily, you practice your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’” [al-A'raf 7:80-81]
2- “Verily, We sent against them a violent storm of stones (which destroyed them all), except the family of Lut (Lot), them We saved in the last hour of the night.” [al-Qamar 54:34 – interpretation of the meaning]
3- “And (remember) Lut (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Alamin (mankind and jinn)?” [al-A’raf 7:80 – interpretation of the meaning]
And Allah says (interpretation of the meaning):
“And (remember) Lut (Lot), when he said to his people: ‘You commit Al-Fahishah (sodomy the worst sin) which none has preceded you in (committing) it in the ‘Alamin (mankind and jinn)’” [al-‘Ankabut 29:28]
4- “And (remember) Lut (Lot), We gave him Hukm (right judgement of the affairs and Prophethood) and (religious) knowledge, and We saved him from the town (folk) who practiced Al-Khabaith (evil, wicked and filthy deeds). Verily, they were a people given to evil, and were Fasiqun (rebellious, disobedient to Allah)” [al-Anbiya 21:74 – interpretation of the meaning]
5- “And (remember) Lut (Lot)! When he said to his people, ‘Do you commit Al-Fahishah (evil, great sin, every kind of unlawful sexual intercourse, sodomy) while you see (one another doing evil without any screen). Do you practice your lusts on men instead of women? Nay, but you are a people who behave senselessly.’ There was no other answer given by his people except that they said: ‘Drive out the family of Lut (Lot) from your city. Truly, these are men who want to be clean and pure!’ So We saved him and his family, except his wife. We destined her to be of those who remained behind. And We rained down on them a rain (of stones). So evil was the rain of those who were warned.” [al-Naml 27:54-58 – interpretation of the meaning]
The punishment that befell the people of Lut
These verses refer to the punishment that befell the people of Lut . With regard to the rulings on them:
1- Allah says (interpretation of the meaning]:
“And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both. And if they repent (promise Allah that they will never repeat, i.e. commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone. Surely, Allah is Ever All-Forgiving (the One Who forgives and accepts repentance ), (and He is) Most Merciful.” [al-Nisa 4:16]
Ibn Kathir said:
“The words of Allah ‘And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both’ mean, those who commit immoral actions, punish them both. Ibn 'Abbas (may Allah be pleased with him), Sa’id ibn Jubayr and others said: By condemning them, shaming them and hitting them with shoes. This was the ruling until Allah abrogated it and replaced it with whipping and stoning. ‘Ikrimah, ‘Ata, al-Hasan and ‘Abd-Allah ibn Kathir said: This was revealed concerning a man and woman who committed fornication. Al-Saddi said, it was revealed concerning young people before they get married. Mujahid said: it was revealed concerning two men if they admit it bluntly; a hint is not sufficient – as if he was referring to homosexuality. And Allah knows best.” (Tafsir Ibn Kathir, 1/463).
Reference to lesbianism and homosexuality in the Sunnah
1- Jabir (may Allah be pleased with him) said: “The Prophet (peace and blessings of Allah be upon him) said: ‘There is nothing I fear for my ummah more than the deed of the people of Lut.’” (Narrated by al-Tirmidhi, 1457; Ibn Majah, 2563. This hadith was classed as sahih by Shaykh al-Albani (may Allah have mercy on him) in Sahih al-Jami’, no. 1552).
2- Ibn 'Abbas said: “The Prophet (peace and blessings of Allah be upon him) said: “… cursed is the one who has intercourse with an animal, cursed is the one who does the action of the people of Lut.” (Narrated by Ahmad, 1878. This hadith was classed as sahih by Shaykh al-Albani in Sahih al-Jami’, no. 5891).
3- Ibn 'Abbas said: “The Prophet (peace and blessings of Allah be upon him) said: ‘Whoever you find doing the deed of the people of Lut, kill the one who does it and the one to whom it is done.” (Narrated by al-Tirmidhi, 1456; Abu Dawud, 4462; Ibn Majah, 2561. This hadith was classed as sahih by Shaykh al-Albani in Sahih al-Jami’, no. 6589).
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=3 | https://islamqa.info/en/answers/10050/why-does-islam-forbid-lesbianism-and-homosexuality | 177 | 10,050 |
615 | Relationship With Female Colleague: Must He Marry Her? | Question
I have a son who was religious. He worked in a mixed place. He knew a girl and had a haram (unlawful) relationship with her. Should we stop him marrying her, or let him? We fear for him, knowing that her morals are just like any girl who knows men. Nothing has happened with any man apart from my son. He loves her a lot. Should we let him marry her to divorce her later? The intention of divorce in this case, does it invalidate the contract of marriage? I fear Allah. | Praise be to Allah.
Firstly:
We have mentioned in many
fatwas (verdicts) that unrestrained mixing, which is not controlled by the
guidelines enjoined by shariah (Islamic law) such as proper hijab (dress
code for Muslim women) and proper etiquette of interaction, is haram. We
have also stated that it is haram to work and study in mixed places. We are
saddened by the fact that there are muftis (scho;ars) who take this matter
lightly and approve of this chaotic situation in schools and workplaces. It
is as if they are living in another world, where they do not see the effects
of haram mixing such as heartbreak, loss of sanity and destruction of
religious commitment.
This has been discussed in the
answer to question no.
1200.
No one is safe from these
effects. Chaste women have fallen into the foul swamp of mixing and been
affected by its filth, ugliness and stench. The same may be said about
righteous young men who used to obey Allah – how they were and what they
have become.
Allah has created in men an
inclination towards females, and He has created in women an inclination
towards men. But Allah has not permitted relationships between those who are
not mahrams (those may not marry one another Islamically) to one another,
except through marriage. Hence in shariah there are many rulings which block
the way to immorality. It is haram to look at a non-mahram woman, and it is
haram to shake hands with her, or be alone with her. It is haram for a woman
to travel on her own, and there are other rulings which prevent the shaytan
(devil) from making the Muslim fall into the sin of zina
(fornication/adultery).
Secondly:
You say “there was a haram
relationship with her” but we do not know what this means. It may be
interpreted in two ways:
1. Zina – Allah forbid.
2. Becoming friends and
being alone with her, but without zina.
If the first meaning is what
happened, then they have committed a grave sin. Allah has ruled that the
unmarried man and woman who commit zina are to be given one hundred lashes,
and that those who are married and commit this sin should be stoned to
death. The Prophet (peace and blessings of Allah be upon him) has told us
that the zani (fornicator/adulterer) has lost his faith, and in a dream he
saw men and women who had committed zina in an oven in the Fire of Hell.
One of the rulings that applies
to those who commit zina is that it is haram for the zani to marry the
zaniyah, and it is haram for her to marry him, because marriage of the zani
and zaniyah is haram, unless they have repented sincerely from the grave sin
that they have committed.
If they repent sincerely, and
the woman observes an ‘iddah (waiting period) of one menstrual cycle, then
it is permissible for them to marry, and we ask Allah to forgive them and
bless them.
For more information please see
the answers to questions no.
14381,
85335,
96460,
87894.
If the second meaning is what
happened – as is usually the case in such relationships, especially when he
wants to marry her – then there is no reason why he should not marry her in
the sense that the marriage contract will not be invalid, but it may be
disallowed because she is not religiously committed or of good character,
and she is not qualified to be a wife who will help him to protect his
religious commitment and raise his children. But we cannot say this in your
son’s case. If she is negligent then he is the same, and every fault that we
think is present in her is to be found in him too.
If Islam tells him to look for
a pure, righteous woman, then it enjoins her likewise. Allah says
(interpretation of the meaning):
“Bad statements are for bad
people (or bad women for bad men) and bad people for bad statements (or bad
men for bad women). Good statements are for good people (or good women for
good men) and good people for good statements (or good men for good women).”
[al-Noor 24:26]
“And marry those among you who
are single (i.e. a man who has no wife and the woman who has no husband) and
(also marry) the Salihoon (pious, fit and capable ones) of your (male)
slaves and maid‑servants (female slaves).”
[al-Noor 24:32]
But let us be realistic, and
fair. When comparing between them, do not look at how your son used to be,
rather look at how he is now.
Then you will see that each of
them has become attached to the other and they both want to get married, and
the best way to set them straight and put an end to the evil in their
relationship, is for them to get married. Ibn Majah (1847) narrated that Ibn
‘Abbas said: The Messenger of Allah (peace and blessings of Allah be upon
him) said: “There is nothing like marriage for two who love one another.”
Classed as saheeh by al-Albani in Saheeh Ibn Majah.
Perhaps this will be a good
opportunity to encourage them to repent and set their affairs straight,
before they get married.
Thirdly:
Getting married with the
intention of getting divorced is haram. It is not permissible for a Muslim
to have this intention before getting married.
See the answers to questions
no.
27104
and
91961.
We are with you and we urge you
to fear Allah in such matters. If this was your daughter, would you be happy
for someone to marry her with this intention?!
Is it befitting for you to
think of your son’s interests, and look for what is good for him, even if it
is at the expense of other people?
It was narrated that ‘Abd-Allah
ibn ‘Amr ibn al-‘As (may Allah be pleased with him) said: We were with the
Messenger of Allah (peace and blessings of Allah be upon him) on a journey
and he said: “Whoever would like to move away from Hell and enter Paradise,
let him reach his end when he is believing in Allah and the Last Day, and
let him treat people the way he likes to be treated.” Narrated by Muslim,
no. 1844.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/98125/relationship-with-female-colleague-must-he-marry-her | 177 | 98,125 |
616 | Protecting societies from zina | Question
How can four witnesses be brought against the man and woman who commit zina in the present age?
How can we advise our Muslim youth against this evil action? May Allaah reward you with good. | Praise be to Allah.
Firstly:
The scholars have listed the ways of establishing proof of
zina, and there are four ways:
1-Testimony of witnesses
2-Admission by the parties
concerned
3-Pregnancy of a woman who has no
husband or master
4-If the husband engages in
li’aan and the wife refuses to take part in li’aan
With regard to witnesses to zina, they should be four people
whose testimony is acceptable, and they should state that they have seen the
zina in clear terms, i.e., they should have seen the man’s penis in the
woman’s vagina. If some of them only testify that they saw them naked, or
they describe certain positions or movements, that is not sufficient to
proof that zina took place.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in
al-Sharh al-Mumti’ (6/157):
They should describe zina in clear terms, such as saying: “I
saw his penis in her vagina”. There is no alternative to that. If they say:
“We saw him on top of her and they were naked”, that is not acceptable. Even
if they say “We saw him doing with her what a man does with his wife,” that
is not sufficient as testimony. They must say “We bear witness that his
penis was in her vagina.” And this is very difficult, as the man said who
was testified against at the time of ‘Umar: “If you were among the (four)
thighs you would never be able to give this testimony.” Hence Shaykh
al-Islam Ibn Taymiyah mentioned that at his time no case of zina was proven
by means of testimony from the time of the Prophet (peace and blessings
of Allaah be upon him) until the time of Ibn Taymiyah. If no case was proven
from that time until the other, then we do not know of any case that was
proven by testimony up till our own times, because it is very difficult. End
quote.
This strictness with regard to testimony about zina serves
only to achieve the purpose aimed at by sharee’ah, which is to conceal
people and not spread immorality, and to make societies avoid accusations
against people’s honour and aspersions on their lineages.
Al-Qurtubi (may Allaah have mercy on him) said in
al-Jaami’ li Ahkaam al-Qur’aan (5/83):
Allaah has stated that testimony in a case of zina must be
given by four people, so as to make it hard for those who are testifying to
such a thing, and to conceal people. End quote.
Shaykh ‘Abd al-Rahmaan al-Sa’di said in his Tafseer
(1/563): “Why did they not produce four witnesses?” [al-Noor 24:13],
i.e., why did the accusers not bring witnesses to the things they accused
them of? “four witnesses” i.e., of good character. “Since they
(the slanderers) have not produced witnesses! Then with Allaah they are the
liars” – even if they are certain about that in themselves, they are
liars in Allaah’s judgement, because Allaah has forbidden them to speak of
that without four witnesses. Hence Allaah says: “Then with Allaah they
are the liars”, and He did not say “Then they are the liars”. All of
this points to the grave sanctity of the Muslim’s honour, so it is not
permissible to make accusations against it without establishing testimony.
End quote.
See also the answers to questions no.
839 and
6926.
Secondly:
With regard to protecting our youth and our societies against
this evil, it is essential that there be a concerted effort on the parts of
nations and societies, on various fronts. It is a communal responsibility,
not an individual one. It is not possible to attain the well being of
societies without integrated efforts to adopt the means that will protect
them against zina and its effects. These means include the following:
1 – Spreading awareness of the seriousness of the sin of
zina, and that it is one of the major sins which common sense and sharee’ah
agree is abhorrent and haraam; explaining that it is the cause of nations’
downfall and that it brings calamities upon this world, and the punishment
of Hell on the Day of Resurrection.
Imam Ahmad said: After murder, there is nothing worse than
zina. Ghadha’ al-Albaab (2/435).
Allaah says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin), and an
evil way (that leads one to hell unless Allaah forgives him)”
[al-Isra’ 17:32]
Shaykh ‘Abd al-Rahmaan al-Sa’di said in his Tafseer
(1/457):
Allaah describes zina and its evil as “a Faahishah (i.e.
anything that transgresses its limits: a great sin” i.e., a sin that is
abhorrent according to sharee’ah, common sense and sound human nature,
because it is a transgression against the rights of Allaah, the rights of
the woman, the rights of her family, and the rights of her husband, and it
is spreading immorality, confusing lineages and other evils. The phrase “and
an evil way” means it is an evil way for the one who dares to commit
this grave sin. End quote.
Making the youth aware of the bad effects that result from
the spread of this evil, which threatens the stability of families and
societies, such as the spread of fatal diseases, the prevalence of
illegitimate children, disintegration of the family, children not being
cared for properly and having a bad upbringing, increase in the divorce
rate, spread of crime and so on. These effects are felt by the societies in
which permissiveness in its worst forms is widespread, which could lead to
disintegration of those societies and the downfall of those civilizations.
3 – Striving to facilitate the shar’i way to have sexual
relationships, which is through halaal marriage, by encouraging marriage and
explaining that sharee’ah encourages it, and that it is the way of the
Messengers, and that the one who gets married has completed half of
religion, and that he will be rewarded for keeping himself and his wife
chaste.
4 – One of society’s responsibilities in this matter is to
remove the obstacles that cause delays in getting married. So they should
address the poverty that may be an obstacle to marriage, and provide the
material means to young people who do not possess enough to keep themselves
chaste. In his commentary on the verse (interpretation of the meaning):
“And marry those among you who are single (i.e. a man who has no wife and
the woman who has no husband) and (also marry) the Saalihoon (pious, fit and
capable ones) of your (male) slaves and maid‑servants (female slaves). If
they be poor, Allaah will enrich them out of His Bounty. And Allaah is
All‑Sufficient for His creatures’ needs, All‑Knowing (about the state of the
people)” [al-Noor 24:32], al-Qurtubi said: Marry those among you who
have no spouse, for that is the way to achieve chastity. End quote
(12/239).
In the book al-Amwaal by Abu ‘Ubayd al-Qaasim ibn
Salaam (251) it says that ‘Umar ibn ‘Abd al-‘Azeez wrote to his governor in
Iraq saying: Seek out every unmarried man who has no wealth and if he wants
to get married, then arrange his marriage and give charity to him.
Ibn Qudaamah (may Allaah have mercy on him) said in
al-Mughni (7/587):
A man must keep his son chaste if he needs to get married,
and this is the apparent meaning of the view of al-Shaafa’i. End quote.
5 – The least that societies and parents can do with regard
to this important issue is to stop going to extremes with regard to dowries,
or showing off and indulging in excess with regard to the expenses of
marriage, or trying to acquire wealth from them.
‘Umar ibn al-Khattaab delivered a speech from the minbar and
said:
“Do not go to extremes with regard to the dowries of women,
for if that were a sign of honour and dignity in this world or a sign of
piety before Allaah, then Muhammad (peace and blessings of Allaah be upon
him) would have done that before you. But he did not give any of his wives,
and none of his daughters were given, more than twelve uqiyah.”
Narrated by Abu Dawood (2106); classed as saheeh by
al-Albaani in Saheeh Abi Dawood.
Wise people do not disagree on the point that parents’ going
to extremes with regard to their daughters’ dowries is one of the causes of
the spread of corruption and immorality in their societies.
Will Durant said, speaking of the spread of immorality in
some western societies in some era of history in his book Mabaahij
al-Falsafah (The Pleasures of Philosophy) (127-128):
There is no dispute that this is to some extent due to the
demands for high dowries made by fathers as the price for their chastity at
a time when marriage was, frankly, a commodity to be bought. End quote.
6 – One of the most important means by which societies may
ward off the evil of zina is spreading an atmosphere of love between
spouses, and striving towards the happiness of families by means of love,
respect, sincerity, loyalty, rights and duties, for happy families and
loving couples are a means of protecting society from deviation and falling
into immorality in search of illusionary happiness.
7 – Finally, it is essential to strive to establish a
conservative and religiously-committed environment which is connected to
Allaah, may He be glorified and exalted, in which wanton display and
unveiling are unknown, and in which ‘awrahs are covered, in which alcohol
and music, which are the promoters of zina, are forbidden, because these
things are the fuel for the fire of immorality, so if the society rids
itself of them, it will be safe from that fire.
You may also benefit from reading the answers to the
following questions on this website: 20161 and
3234.
Useful books on this subject include al-Tadaabeer
al-Waaqiyah min al-Zina by Fadl Ilaahi.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/88051/protecting-societies-from-zina | 177 | 88,051 |
617 | He committed zina during one of the nights of Ramadan and he wants to repent | Question
One of my friends had sex with a girl during one of the nights of Ramadan. He is single and is asking about the ruling and what he has to do. | Praise be to Allah.If what is meant is that he committed zina –Allah forbid – then zina is a major sin and a serious offence. Allah has warned us against it and stated that it leads to bad consequences. He says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allah forgives him)” [al-Isra’ 17:32]
Allah has decreed that the punishment for the zaani is stoning, if he was married, and flogging if he was unmarried. That is because of the abhorrence of what he has engaged in of haram intimacy. Allah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment” [al-Noor 24:2]
But by the mercy of Allah, the door of repentance is always open, and Allah is Oft-Forgiving, Most-Merciful; He loves the repentance of His slaves and accepts it if he turns to Him. Allah says (interpretation of the meaning):
“Know they not that Allah accepts repentance from His slaves and takes the Sadaqât (alms, charity), and that Allah Alone is the One Who forgives and accepts repentance, Most Merciful?” [al-Tawbah 9:104]
“Allah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon afterwards; it is they whom Allah will forgive and Allah is Ever All‑Knower, All‑Wise” [al-Nisa’ 4:17]
“And those who invoke not any other ilaah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse __ and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful” [al-Furqaan 25:68-70]
How forbearing is Allah, and how Generous. His goodness descends upon them even as their evil deeds ascend to Him. He holds out His Hand by night to accept the repentance of the one who sinned during the day, and He holds out His hand during the day to accept the repentance of the one who sinned at night. All the sinner has to do is acknowledge his sin and give it up, and ask his Lord for pardon and forgiveness, and resolve never to go back to that sin, and to set his deeds straight, and strive to do that which will please his Lord, may He be blessed and exalted.
The one who does that will find relief, for the Most Gracious, Most Merciful rejoices over the repentance of His slave and accepts it from him, and He will reward him for it and erase his bad deeds thereby, and raise him in status, because He is the Forbearing, Most Generous, Most Kind, Most Merciful, may He be blessed and exalted.
Allah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship withMe) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
Moreover, we say to this brother: beware of removing the cover with which Allah has concealed you and telling anyone of what you have done, because the Prophet (peace and blessings of Allah be upon him) said: “Avoid these filthy things that Allah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allah, and let him repent to Allah.” Narrated by al-Bayhaqi; classed as saheeh by al-Albaani in Saheeh al-Jaami’ (149).
Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Allah does not conceal a person in this world but Allah will conceal him on the Day of Resurrection.”
So hasten to repent and regret, and weep for your sin and wrongdoing. Conceal yourself with the concealment of Allah and do not speak openly of your sin; do a lot of good deeds such as praying, giving charity, dhikr, and tasbeeh, for these are means of attaining forgiveness.
Beware of procrastinating with regard to repentance, or of taking the forbearance and concealment of Allah for granted, for Allah may grant you time or He may not, and He may become angry and seek vengeance. Perhaps He will look at His slave who dares to disobey Him and will say: ‘Go, for I will never accept any good deed from you,’ so he will be utterly lost and his punishment will be Hell. We ask Allah to keep us safe and sound and to grant us salvation.
We ask Allah to set the affairs of the Muslims straight, and to bring that back to the right path.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/95754/he-committed-zina-during-one-of-the-nights-of-ramadan-and-he-wants-to-repent | 177 | 95,754 |
618 | She committed zina and got pregnant from a stranger. What should she do? | Question
There is a married woman who was in a love relationship with a young man before she got married. When she got married she continued this haraam relationship without her husband knowing, until she committed immoral actions with him and got pregnant from him. But she has turned back to Allah and repented, and she is saying: Can she repent? What should she do with the foetus that is in her womb? If she tells her husband then her fate is sealed, namely divorce, and there could be a huge problem if this matter becomes known among her family and her husband’s family. But if I hide this matter from my husband and family, then the child will be illegitimate and that will affect many rulings concerning spending, being alone with the child, ties of kinship, etc.
I hope that you can help me with regard to this matter, for I am very worried and anxious, but now I am repenting and I regret what I did. | Praise be to Allah.
Firstly:
Undoubtedly what you have done, committing zina (adultery)
when you were married, is a major sin. Because zina is a major sin, it is a
serious matter when committed by those who are married. Hence the punishment
for the unmarried person who commits zina is one hundred lashes, and the
punishment for the married person whose marriage was consummated is stoning
to death.
Secondly:
Although the sin that you have committed is so abhorrent to
those who have a sound human nature and common sense, it does not mean that
you cannot repent. Allaah rejoices over the repentance of sinners and
accepts it from them.
Allaah says (interpretation of the meaning):
“Say: O ‘Ibaadi (My
slaves) who have transgressed against themselves (by committing evil deeds
and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all
sins. Truly, He is Oft‑Forgiving, Most Merciful”
[al-Zumar 39:53]
Ibn Katheer (may Allaah have mercy on him) said:
This verse is a call to all sinners, kaafirs and others, to
repent and turn to Allaah. It tells us that Allaah forgives all sins for the
one who repents from them and gives them up, no matter what they are, and
even if they are as many as the foam of the sea. End quote.
Tafseer Ibn Katheer (7/106).
We hope that your repentance is sincere, and includes regret
for what you have done, and resolve not to commit the sin again after
repenting.
Thirdly:
As for whom the child is to be attributed to – he is to be
attributed to your husband if he had consummated the marriage with you,
because the Prophet (peace and blessings of Allaah be upon him) said:
“The child is for the bed,” meaning that if a woman has gotten married to a
man by means of the marriage contract and he has consummated the marriage
with her, if she produces a child, then the child is to be attributed to her
husband.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked
about a married woman who had three children, and she became pregnant with a
fourth child as the result of zina. Is it permissible for her to abort the
foetus, or should she keep it? If she keeps it, should she tell her husband
or not? And what should the husband do in this case?
He replied: It is not permissible for her to abort the
foetus. What she has to do is repent to Allaah and not disclose this matter.
The child belongs to her husband, because the Prophet (peace and
blessings of Allaah be upon him) said: “The child belongs to the (marital)
bed, and the adulterer gets nothing.” May Allaah set all our affairs
straight. End quote.
Fataawa al-Shaykh Ibn Baaz
(21/205).
This is the ruling stated in fatwas by the Standing Committee
for Issuing Fatwas. We have quoted their fatwas in the answer to question
no. 95024.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/94820/she-committed-zina-and-got-pregnant-from-a-stranger-what-should-she-do | 177 | 94,820 |
619 | It is not permissible to marry a zaani or zaaniyah unless they have repented | Question
Is it permissible to marry a woman who used to commit zina?. | Praise be to Allah.It is not permissible to marry a zaaniyah or zaani unless they have repented. If the man or woman has not repented then the marriage is not valid.
Allah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)” [al-Noor 24:3]
There is a report concerning the reason for the revelation of this verse which makes the ruling clearer. Abu Dawood (2051) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather, that Marthad ibn Abi Marthad al-Ghanawi used to smuggle prisoners from Makkah. There was in Makkah a prostitute called ‘Anaaq and she had been his friend. He said: I came to the Prophet (peace and blessings of Allah be upon him) and said: O Messenger of Allah, should I marry ‘Anaaq? He remained silent and did not answer me. Then the words “and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik” were revealed. He called me and recited them to me, and said: Do not marry her. Classed as saheeh by al-Albaani in Saheeh Abi Dawood.
In ‘Awn al-Ma’bood it says:
This indicates that it is not permissible for a man to marry a woman who has openly committed zina. This is indicated by the verse quoted in the hadeeth, because at the end of it, it says: “Such a thing is forbidden to the believers”. This clearly shows that it is haraam. End quote.
Al-Sa’di (may Allah have mercy on him) said in his commentary on the verse quoted above:
This shows that zina is abhorrent and that it tarnishes the honour of the one who does it in a way that other sins do not. We are told that no woman marries a zaani except a zaaniyah who is like him or a mushrikah who associates others with Allah and does not believe in the resurrection or reward and punishment, and does not obey the commands of Allah. The same applies to the zaaniyah: no one marries her but a zaani or a mushrik. “Such a thing is forbidden to the believers” means: it is forbidden for them to marry zaanis or zaaniyahs.
What the verse means is that the one who marries a person, man or woman, who has committed zina and has not repented from that must be either a person who is not adhering to the rulings of Allah and His Messenger, so he cannot be anything but a mushrik, or he is adhering to the laws of Allah and His Messenger but he goes ahead with this marriage even though he knows about this zina, in which case the marriage is zina and immorality. If he were truly a believer in Allah, he would not do that.
This clearly indicates that it is haraam to marry a zaaniyah until she repents, or to marry a zaani until he repents, because the partnership between a man and his wife or a woman and her husband is the closest of partnerships. Allah says (interpretation of the meaning): “Assemble those who did wrong, together with their companions” [al-Saaffaat 37:22]. Therefore Allah has forbidden that because of the great evil that it involves. It also implies a lack of protective jealousy and implies that children may attributed to the husband who are not his, the zaani will not be keeping her chaste because he is distracted by someone else. Any one of these would be sufficient for it to be haraam. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said something similar, and said that the meaning of the verse is that the one who believes that it is haraam to marry a zaaniyah but still marries her has entered into a haraam marriage contract which he believes is haraam. A haraam contract is like one that does not exist, so it is not permissible for him to be intimate with the woman; in that case the man will be a zaani.
But if he denies that it is haraam to marry a zaaniyah and says that it is permissible, then in this case the man is a mushrik, because he has declared permissible something that Allah has forbidden and has made himself a lawmaker along with Allah. This is what we say to a man who gives his daughter in marriage to a zaani.
Fatawa al-Mar’ah al-Muslimah, compiled by Ashraf ‘Abd al-Maqsood (2/698).
This (i.e. that it is haraam to marry a zaaniyah) was stated in fatwas issued by Shaykh Muhammad ibn Ibraaheem (may Allah have mercy on him) and by the scholars of the Standing Committee for Issuing Fatwas, headed by Shaykh Ibn Baaz (may Allah have mercy on him).
See: Fatawa Muhammad ibn Ibraaheem (10/135) and Fatawa al-Lajnah al-Daa’imah (18/383).
Shaykh al-Islam Ibn Taymiyah said:
Because of the punishment that Allah has decreed for those who commit zina, He made it haraam for the believers to marry them, as a rebuke to them and because of the sins and bad deeds that they have. … So (Allah) tells us that no one does that but a zaani or a mushrik.
As for the mushrik, he has no faith that will deter him from committing immoral actions or keeping company with those who do them.
As for the zaani, his immoral nature prompts him to do that even if he is not a mushrik.
Allah has enjoined us to shun evil and its people so long as they are doing that, and this applies to the zaani.
Allah has stipulated that men should be chaste and not immoral, as He says (interpretation of the meaning): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24]. This is something that should not be ignored because the Qur’aan has stated it clearly.
As for the prohibition on marrying a zaaniyah, the fuqaha’, such as the companions of Ahmad and others, have discussed it and there are reports concerning it from the salaf. Although the fuqaha’ differed concerning it, those who said it is permissible do not have any reliable evidence."(Majmoo’ al-Fatawa 15/316)
He also said (32/110):
Marriage to a zaaniyah is haraam unless she repents, whether it was he or someone else who committed zina with her. This is undoubtedly the correct view, and it is the view of a number of the earlier and later generations, including Ahmad ibn Hanbal and others.
This is what is indicated by the Qur’aan and Sunnah. The most well-known text concerning that is the verse in Soorat al-Noor where Allah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)” [al-Noor 24:3]
In the Sunnah, there is the hadeeth of Abu Marthad al-Ghanawi and ‘Anaaq. End quote.
The one who is faced with this problem and who did a marriage contract before repenting has to repent to Allah and regret what he did, and resolve not to commit this sin again, then he should do the marriage contract again.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/85335/it-is-not-permissible-to-marry-a-zaani-or-zaaniyah-unless-they-have-repented | 177 | 85,335 |
620 | He lived in sin with his girlfriend and had a child from her and he wants to marry her | Question
I live in the west and during the last three years I got to know a kitaabi girl (from the people of the Book – Jewish or Christian), and the relationship between us deepened. That was with the approval of her family and mine. After that we had a daughter and we applied for a civil marriage, but the court refused to marry us because the girl has not yet reached the age where marriage is allowed in that country. I had no choice but to go to the imam of our mosque and the girl’s guardian, and two witnesses of good character came, and we got married in this manner. Is the marriage legitimate according to sharee’ah? Do I have to do anything because of the previous years that I spent with this kitaabi girl without being married? Please advise me, may Allaah reward you with good. | Praise be to Allah.
Firstly:
Undoubtedly
you did something very wrong for yourself and your religious commitment when
you agreed to form a haraam relationship with a Christian woman. As for
yourself, that is by committing the sin of zina for which Allaah warns of a
severe punishment and decrees the hadd punishment in this world: one hundred
lashes for one who is not married and stoning to death for one who is
married. As for your religious commitment, that is by giving a bad example
of Islam and its morals and rulings to those kuffaar, whether in the land
where you live or the family of the woman with whom you are living. How can
they respect Islam and the Muslims when they do not see any difference
between you and others of the people of the Book?
What you –and
your family who knew of your sin – must do is repent sincerely from this
great sin. You should realize that you did not only fall into the sin of
zina which Islam warns against even approaching, but you persisted in that
and lived with the woman as man and wife. This makes your sin worse than the
sin of others who may fall into the sin of immorality without continuing or
persisting in it.
Allaah says
(interpretation of the meaning):
“And those who
invoke not any other ilaah (god) along with Allaah, nor kill such person as
Allaah has forbidden, except for just cause, nor commit illegal sexual
intercourse
__and whoever
does this shall receive the punishment.
69. The
torment will be doubled to him on the Day of Resurrection, and he will abide
therein in disgrace;
70. Except
those who repent and believe (in Islamic Monotheism), and do righteous
deeds; for those, Allaah will change their sins into good deeds, and Allaah
is Oft‑Forgiving, Most Merciful”
[al-Furqaan
25:68-70]
For more
information on the greatness of Allaah’s grace in accepting the repentance
of His slaves and that He accepts the repentance of the penitent no matter
how serious and numerous their sins, please see the answers to questions no.
624,
13990,
47834,
23485 and
20983.
Secondly:
It should be
noted that it is not permissible for you to marry this kitaabi woman unless
you repent sincerely to Allaah, and until you are certain that she will not
commit immoral actions with anyone and that she will not have boyfriends.
This is one of the conditions of marriage to a kitaabi woman.
Allaah says
(interpretation of the meaning):
“The food
(slaughtered cattle, eatable animals) of the people of the Scripture (Jews
and Christians) is lawful to you and yours is lawful to them. (Lawful to you
in marriage) are chaste women from the believers and chaste women from those
who were given the Scripture (Jews and Christians) before your time when you
have given their due Mahr (bridal-money given by the husband to his wife at
the time of marriage), desiring chastity (i.e. taking them in legal wedlock)
not committing illegal sexual intercourse, nor taking them as girlfriends”
[al-Maa'idah 5:5]
What you
should have done was to tell the one who did the marriage contract for you
about your situation and hers, so that he could have enjoined you to repent
and told you of the conditions of her being chaste and avoiding zina, and so
that you could wait for one menstrual cycle until it was established that
she was not pregnant, or until she gave birth if she was pregnant.
Ibn Qudaamah
(may Allaah have mercy on him) said:
If a woman
commits zina, it is not permissible for the one who knows of that to marry
her unless two conditions are met:
1-
That
her ‘iddah has ended. If she is pregnant as the result of zina then her
‘iddah ends when she gives birth, and it is not permissible to marry her
before she gives birth.
2-
That
she repents from committing zina.
And he said:
If both conditions are met, it is permissible for the zaani (the man who
committed zina) or anyone else to marry her according to the majority of
scholars, including Abu Bakr, ‘Umar and his son, Ibn ‘Abbaas, Jaabir, Sa’eed
ibn al-Musayyab, Jaabir ibn Zayd, ‘Ata’, al-Hasan, ‘Ikrimah, al-Zuhri,
al-Thawri, al-Shaafa’i, Ibn al-Mundhir and ashaab al-ra’y.
Al-Mughni
(7/108, 109)
Shaykh
Muhammad ibn Ibraaheem (may Allaah have mercy on him) said:
It is not
permissible to marry a woman who has committed zina until she repents. If a
man wants to marry her then he must wait for one menstrual cycle to
establish that she is not pregnant before doing the marriage contract with
her. If it turns out that she is pregnant, it is not permissible for him to
do the marriage contract with her until after she gives birth.
Al-Fataawa
al-Jaami’ah li’l-Mar’ah al-Muslimah
(2/584)
You do not
have the right to do the marriage contract in the courts that govern by
man-made laws, or in their churches, rather what you did by asking the imam
of the mosque to do the marriage contract was the right thing to do. There
is nothing wrong with confirming it in the courts for official purposes.
The scholars
of the Standing Committee said:
If the
proposal and acceptance are completed, along with all the other conditions
of marriage, and it is free from any impediments, then it is valid. If
confirming it legally (in the civil court) could serve some shar’i interests
of both parties, both now or in the future, then that must be done.
Fataawa
al-Lajnah al-Daa’imah
(18/87).
And they
said:
If the
marriage contract is not recognized and no rights will be granted unless it
is confirmed in a non-shar’i court, then this does not affect the validity
of the marriage, but there is nothing wrong with confirming it in a
non-shar’i court if the aim is to record it for official purposes.
Fataawa
al-Lajnah al-Daa’imah
(18/87).
Thirdly:
As for your
daughter, she is the product of an illegitimate relationship and it is not
permissible for her to be named after you, rather she should be named after
her mother.
It was
narrated from ‘Amr ibn Shu’ayb from his father that his grandfather said:
The Prophet (peace and blessings of Allaah be upon him) ruled that
whoever was born to a slave woman whom his father did not own or to a free
woman with whom he committed adultery, then he cannot be named after him and
he does not inherit from him, even if the one whom he claims is his father
acknowledges him. So he is the product of zina, whether his mother was a
free woman or a slave.
Narrated by
Abu Dawood (2265) and Ibn Maajah (2746); classed as hasan by al-Albaani in
Saheeh Abi Dawood.
The scholars
of the Standing Committee said, concerning a similar case:
The daughter
mentioned, who is the result of illicit relations with her mother, is not
your daughter according to sharee’ah, and it is not permissible for her to
be named after you, because she was born from haraam water, which is zina.
So she should be named after her mother and not after the one who committed
zina with her.
Fataawa
al-Lajnah al-Daa’imah
(18/321, 322)
If it is not
possible to name the child after the mother in the land where the mother
lives, she may be given a name which does not belong to anyone in
particular, so she may be given a name to use in official papers and
documents.
See also the
answer to question no. 12283 – which is important – and also
117,
33591,
2103 and
33615.
We should also
remind you that it is haraam to settle in a kaafir land, and you should
learn a lesson from what happened to you and try to leave that land and
settle in a Muslim country where you will see Islam being practised openly
and you will be able to raise your children to follow Islam, be chaste and
have good attitudes.
See the
answers to questions no. 20227 and
45645 for more information on the
negative consequences of marrying non-Muslim women.
And Allaah
knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/95580/he-lived-in-sin-with-his-girlfriend-and-had-a-child-from-her-and-he-wants-to-marry-her | 177 | 95,580 |
621 | She married the one who committed zina with her after she gave birth and the nifaas bleeding stopped | Question
There is a woman who got pregnant from a man, then she gave birth and when the bleeding stopped she married this person, before the end of forty days. Is their marriage contract valid or not?. | Praise be to Allah.Firstly:
What this woman has to do
is repent to Allaah from what she has done, because zina is a grave sin, a
serious crime and a great evil. The one who commits zina is warned of a
severe punishment in this world and in the Hereafter, but the one who
repents and mends his ways, Allaah will accept his repentance and turn his
bad deeds into good deeds, as Allaah says (interpretation of the meaning):
“And those who invoke
not any other ilaah (god) along with Allaah, nor kill such person as Allaah
has forbidden, except for just cause, nor commit illegal sexual intercourse
__ and whoever does this shall receive the punishment.
69. The torment will be
doubled to him on the Day of Resurrection, and he will abide therein in
disgrace;
70. Except those who
repent and believe (in Islamic Monotheism), and do righteous deeds; for
those, Allaah will change their sins into good deeds, and Allaah is
Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
“And verily, I am indeed
forgiving to him who repents, believes (in My Oneness, and associates none
in worship with Me) and does righteous good deeds, and then remains constant
in doing them (till his death)”
[Ta-Ha 20:82]
She must also conceal
herself with the concealment of Allaah and not tell anyone about that. The
Prophet (peace and blessings of Allaah be upon him) said: “Avoid these
filthy things that Allaah has forbidden. Whoever has done any of them, let
him conceal himself with the concealment of Allaah.”
Narrated by al-Bayhaqi and
classed as saheeh by al-Albaani in Saheeh al-Jaami’ (149).
Secondly:
It is not permissible for
the zaani to marry the zaaniyah until after they have repented, because
Allaah says (interpretation of the meaning):
“The adulterer —
fornicator marries not but an adulteress — fornicatress or a Mushrikah; and
the adulteress –fornicatress, none marries her except an adulterer —
fornicater or a Mushrik [and that means that the man who agrees to marry
(have a sexual relation with) a Mushrikah (female polytheist, pagan or
idolatress) or a prostitute, then surely, he is either an adulterer —
fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who
agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan
or idolater) or an adulterer — fornicator, then she is either a prostitute
or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is
forbidden to the believers (of Islamic Monotheism)”
[al-Noor 24:3].
If they had repented to
Allaah before getting married, then their marriage is valid. But if they did
the marriage contract before repenting, then the marriage is not valid. This
has been discussed in the answer to question no.
85335.
With regard to the
marriage contract being done after the bleeding stopped but before forty
days had passed, this does not affect the validity of the contract, because
what she should do – according to many scholars – is wait until her ‘iddah
following zina ends, then do the marriage if she wishes, even if that is
within the nifaas period. Her ‘iddah ended when she gave birth.
The Standing Committee for
Issuing Fatwas was asked: If a man commits zina with a woman then they get
married, and after four months he repents to Allaah, is the marriage valid?
They replied: It is not
permissible to marry a zaaniyah and the marriage contract with her is not
valid until she repents and her ‘iddah ends.
End quote from Fataawa
al-Lajnah al-Daa’imah (18/383).
To sum up: If they had
repented from zina before doing the contract, then the marriage is valid. If
they had not repented, then the marriage is not valid and they have to
repeat the marriage contract after repenting. We ask Allaah to accept their
repentance.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/97987/she-married-the-one-who-committed-zina-with-her-after-she-gave-birth-and-the-nifaas-bleeding-stopped | 177 | 97,987 |
622 | He had anal intercourse with a foreign woman but they have repented. Is it permissible for them to get married? | Question
We had anal intercourse, but we repented and regretted. We love each other very much we cannot separate. We want to marry and live a happy life. Is it permissible for us to get married?
We follow the ibadhi madhab, and it prohibits marriage between a man and a woman who committed adultry even if they repent. The evidence for this is that Umar ibn al-khattab separated a man who married a woman during her ‘iddah and said: “they shall never be togeather”, another evidence narrated by Ali, A’esha, and albaraa ben azeb, that “if a man and awoman who committed adultry got married, their relationship remains adultry forever”. Trust cannot be there between two who tested each other before marriage. What is your opinion?. | Praise be to Allah.
Firstly:
You should understand that looking for the right opinion on
practical fiqhi matters is something good, and it indicates that a person is
seeking the truth that Allaah has enjoined. Even better than this is that a
Muslim should look for the correct belief that will save him from the
misguided sects which the Prophet (peace and blessings of Allaah be
upon him) spoke of. He said that there would be seventy-two sects, “all of
which will be in the Fire” meaning that they are misguided and deserve this
warning of Hell.
If you both regret what you did and have repented sincerely,
then it is permissible for you to get married, and there is no reason why
you should not do so.
As for what you say about ‘Umar ibn al-Khattaab preventing
the one who married a woman during her ‘iddah from ever marrying her, it
seems – if this is a sound report – that this was a punishment (ta’zeer) to
the one who committed a sin, and it was not a confirmation of a shar’i
ruling that this is haraam.
What you have quoted from some of the Sahaabah, that they
ruled that a couple who committed zina and then get married would remain
adulterers forever, may be understood as applying to those who did not
repent.
Ibn Hazm (may Allaah have mercy on him) said:
It was narrated from Ibn Mas’ood that he said concerning the
one who marries a woman after committing zina with her: They are still
adulterers. Then he narrated that Saalim ibn ‘Abd-Allaah ibn ‘Umar was asked
about a man who committed zina with a woman then married her. He said: Ibn
Mas’ood was asked about that and he said: “And He it is Who accepts
repentance from His slaves” [al-Shoora 42:25].
Ibn Hazm said:
The two opinions (of Ibn Mas’ood) are in harmony, because he
only allowed marrying that woman after repentance. End quote.
Al-Muhalla (9/63)
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/70475/he-had-anal-intercourse-with-a-foreign-woman-but-they-have-repented-is-it-permissible-for-them-to-get-married | 177 | 70,475 |
623 | Shar’i implications of husband’s zina with his wife’s mother before and after marriage | Question
There is a woman who is married, and her husband committed zina several times with her mother, but this wife does not know. What should she do with her mother and her husband? She is confused about her situation. | Praise be to Allah.
Firstly:
It is not permissible for anyone to claim that someone else
has committed zina unless that is proven in the way dictated by sharee’ah,
such as a confession of the zaani, or the testimony of four men of good
character who witnessed the act of zina. The one who claims that someone
committed zina with no proof has committed slander, which is a major sin for
which a person deserves eighty lashes; this is the hadd punishment for
slander.
Allaah says (interpretation of the meaning):
“And those who accuse chaste women,
and produce not four witnesses, flog them with eighty stripes, and reject
their testimony forever. They indeed are the Faasiqoon (liars, rebellious,
disobedient to Allaah).
5. Except those who repent thereafter and do righteous
deeds; (for such) verily, Allaah is Oft‑Forgiving, Most Merciful”
[al-Noor 24:4-5]
Secondly:
If the questioner has proof of what is mentioned in the
question, that the husband committed the sin of zina with his wife’s mother,
then it should be noted that they both deserve the punishment and wrath of
Allaah, and they deserve to be punished in this world. As the woman is
married, she deserves to be stoned to death. If he was married then he
deserves the same, and if he committed zina before he was married, then the
punishment is one hundred lashes.
Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them
with a hundred stripes. Let not pity withhold you in their case, in a
punishment prescribed by Allaah, if you believe in Allaah and the Last Day.
And let a party of the believers witness their punishment.”
[al-Noor 24:2]
It was narrated that Abu Hurayrah said: A Muslim man came to
the Messenger of Allaah (peace and blessings of Allaah be upon him)
when he was in the mosque and called out to him, saying: O Messenger of
Allaah, I have committed zina. He turned away from him, so he came around to
face him and said to him: O Messenger of Allaah, I have committed zina. He
turned away from him, until he had repeated that four times. When he had
testified against himself four times, the Messenger of Allaah (peace
and blessings of Allaah be upon him) called him and said: “Are you insane?”
He said: No. He said: “Are you married?” He said: Yes. The Messenger of
Allaah (peace and blessings of Allaah be upon him) said: “Take him and
stone him.”
Narrated by al-Bukhaari (6439) and Muslim (1691).
“Married” refers to one who has previously been married and
consummated the marriage, even if divorce took place after that or the
husband or wife died.
Imam Ahmad said – according to one report narrated from him –
concerning the one who does that: He is to be executed whatever the case,
i.e., the one who commits zina with one of his mahrams is to be executed,
whether he was married or not, and whether the mahram was a mahram through
blood ties, marriage or breastfeeding.
Ibn Qudaamah said: This is also the view of Jaabir ibn Zayd,
Ishaaq, Abu Ayyoob and Ibn Abi Khaythamah. End quote. Al-Mughni
(12/341).
Ibn al-Qayyim (may Allaah have mercy on him) said: If the
evil deed was done with a mahram, this is the worst of evil deeds, and the
one who did that is to be executed in all cases, according to Imam Ahmad and
others.
Rawdat al-Muhibbeen p. 374.
Does the fact that he committed zina with her mother mean
that it is haraam for him to marry her daughter, or that the marriage should
be annulled? There is a difference of opinion among the scholars concerning
that. The most correct view is that it does not make the marriage haraam and
the marriage should not be annulled.
The ruling on this matter has been stated and explained in
detail in the answer to question no.
78597.
Thirdly:
What the wife must do now is:
1.Not act or make any decision
about this matter unless she has definitive proof.
2.Advise her mother – if the
accusation of zina is proven – that it is essential to repent sincerely.
3.Advise her husband to repent
sincerely if he committed zina with her mother after she got married. It is
essential to keep him away from her mother in living arrangements and
meetings so that this deed will not be repeated. If he does not repent from
this action then she should hasten to get divorced, and it is not
permissible for her to stay with him, because Allaah has forbidden marriage
of a zaani to a chaste believing woman.
We understand what a severe calamity has befallen this
sister. How great is a woman’s grief, and difficult it is for her to bear it
if her husband commits zina, and it is a thousand and one times more
difficult to bear it when her mother commits zina, so how about if it is her
husband who is committing zina with her mother? This is indeed a calamity!
We ask Allaah to relieve her distress and take away her
sorrow, and to bless her with patience and wisdom.
But before making any major decision, we advise her to think
long and hard about the consequences.
If she decides to leave her husband, then in that case can
she live in the same house as her mother, who is the one who did that and
wrecked her marriage?
We think, if she has no suitable place to go and no mahram
who can take care of her, that staying with her husband and advising him to
repent and mend his ways is easier for her than getting divorced and living
in her mother’s house.
This sister should weigh up the consequences of her decision.
Some evils are easier to bear than others.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/83034/shari-implications-of-husbands-zina-with-his-wifes-mother-before-and-after-marriage | 177 | 83,034 |
624 | If a child is the illegitimate offspring of two kaafirs, can he be named after the zaani? | Question
I have read your answers regarding woman taking her husbands name and i understand that is is not acceptable. I would still like to now, if it would be possible for a converted woman in that case when the woman originally has her mothers name because her parents were not married when she was born, and it is not possible for her to take her fathers name, since he is not alive anymore. | Praise be to Allah.Zina (adultery or
fornication) is forbidden in all the laws that Allaah revealed to His
Messengers, and Islam approves of the marriages of followers of other
religion who did not enter Islam subject to two conditions:
1 – That it was in
accordance with their own laws
2 – That they do not refer
to us for judgement concerning the marriage contract.
Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) said:
The companions of Maalik
and al-Shaafa’i, and the companions of Ahmad such as al-Qaadi Abu Ya’la and
Ibn ‘Aqeel, and later scholars, said that reference concerning the marriage
of a kaafir should be made to their own customs. Whatever they regard as a
marriage among them, it is permissible to approve of if they become Muslim
and refer to us for judgement, provided there is no impediment to this
marriage. But if they believed that it was not a marriage, then it is not
permissible to approve of it. End quote.
Majmoo’ al-Fataawa
(29/12).
Shaykh Muhammad ibn Saalih
al-‘Uthaymeen (may Allaah have mercy on him) said:
If the marriage is valid
according to Islamic sharee’ah, then it is valid, but if it is invalid
according to the dictates of Islamic sharee’ah, then they may approve of it
subject to two conditions:
1 – That they regard it as
valid according to their laws
2 – That they do not refer
to us (for judgement).
If they do not believe that
it is valid, then they must be separated, and if they refer to us for
judgement, we must examine the case. If it is before the marriage contract
then we must do the marriage contract according to our laws. If it is after
the marriage contract, we must examine it further. If the woman was
permissible at that time, then we may approve of it, and if she was not
permissible then we must separate them. The evidence for these things is
what happened when a kaafir became Muslim at the time of the Prophet
(peace and blessings of Allaah be upon him). He approved of those couple who
had married during the Jaahiliyyah and did not object to that. This
indicates that things may be left as they are. End quote.
Al-Sharh al-Mumti’
(12/239, 240).
With regard to zina and
so-called relationships, all of that is invalid according to their laws and
ours. It is the result of the misguidance in their lives, behaviour and
customs.
Muslim (1700) narrated from
al-Bara’ ibn ‘Aazib the story of the stoning of the two Jews who committed
zina, and how, even when the Jews distorted the Torah and concealed that
which Allaah had revealed, they did not regard zina as permissible, rather
they changed the punishment for it and introduced flogging and blackening of
the face with coal instead of stoning.
The Christians did
likewise. In the Gospel of Matthew 19:18 it says: “Jesus [said], ‘Do not
murder, do not commit adultery, do not steal, do not give false
testimony…’”
In the Gospel of Mark 10:19
and the Gospel of Luke 18:20 it says: “You know the commandments: ‘Do not
murder, do not commit adultery, do not steal, do not give false testimony’”
Hence we say: If these
parents were married – even of that was according to the religion of
Christianity or Judaism – then their marriage is approved and the daughter
should be named after the father. But if the daughter was the result of an
illicit relationship, then she should not be named after the zaani, rather
she should be named after her mother, as she is at present.
In Islam the scholars are
unanimously agreed that the illegitimate child should not be named after the
zaani if the zaani does not ask for him to be named after him. Rather the
majority of scholars said that he should not be named after him even if the
zaani wants that.
It is not the issue – as
mentioned in the question – of whether the zaani is still alive or not;
rather the issue is that the relationship between them was not one of
marriage, and the daughter was the result of that relationship.
Islam forbids attributing
the child to anyone other than his father. Allaah says (interpretation of
the meaning):
“Call them (adopted
sons) by (the names of) their fathers, that is more just with Allaah. But if
you know not their father’s (names, call them) your brothers in Faith and
Mawaaleekum (your freed slaves). And there is no sin on you concerning that
in which you made a mistake, except in regard to what your hearts
deliberately intend. And Allaah is Ever Oft‑Forgiving, Most Merciful”
[al-Ahzaab 33:5]
It was narrated from Abu
Dharr (may Allaah have mercy on him) that he heard the Prophet (peace
and blessings of Allaah be upon him) say: “There is no man who knowingly
attributes himself to someone other than his father but he has committed an
act of kufr, and whoever claims to belong to people to whom he does not
belong, let him take his place in Hell.”
Narrated by al-Bukhaari
(3317) and Muslim (61).
Al-Haafiz Ibn Hajar (may
Allaah have mercy on him) said:
Some commentators said: The
reason why this is described as kufr is that he is telling a lie against
Allaah; it is as if he is saying: Allaah created me from the sperm of So and
so, when that is not the case, because he was created from someone else.
Fath al-Baari
(12/55):
The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “One of the greatest
of falsehoods is for a man attribute himself to someone other than his
father.” Narrated by al-Bukhaari (3318).
And the Prophet (peace
and blessings of Allaah be upon him) said: “Whoever knowingly attributes
himself to someone other than his father, Paradise will be forbidden to
him.” Narrated by al-Bukhaari (4072) and Muslim (63).
To sum up:
The illegitimate child –
whether he is born to Muslim or non-Muslim parents – cannot be attributed to
the zaani, rather he must be named after his mother. The situation of this
new Muslim sister is correct. If she was not able to call herself after the
man or the woman then she could – as a case of necessity – call herself by a
name that is not specific to any known person; rather she may choose a name
that consists of two or three names and call herself by that. It is not
permissible for her to take her husband’s name.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/101112/if-a-child-is-the-illegitimate-offspring-of-two-kaafirs-can-he-be-named-after-the-zaani | 177 | 101,112 |
625 | If she accuses her husband of zina, does she have the right to separate from him by means of li’aan? | Question
I would like to know: what is the procedure in the case of a woman who accuses her husband of adultery. Does she take the oath of li-an (curse) upon herself as in surat an-Nur or is this only in the case of a husband who accuses his wife? I searched for the answer here but did not find it anywhere. | Praise be to Allah.Li’aan is prescribed for two reasons:
1 – If the husband accuses his wife of zina and cannot produce four witnesses, then he may get the hadd punishment for slander waived by engaging in li’aan.
2 – If he wants to deny that a child is his.
The basic principle concerning that is the passage in which Allaah says (interpretation of the meaning):
“And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allaah that he is one of those who speak the truth.
7. And the fifth (testimony should be) the invoking of the Curse of Allaah on him if he be of those who tell a lie (against her).
8. But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allaah, that he (her husband) is telling a lie.
9. And the fifth (testimony) should be that the Wrath of Allaah be upon her if he (her husband) speaks the truth”
[al-Noor 24:6-9]
Ibn Katheer (may Allaah have mercy on him) said in his Tafseer:
This verse offers a way out to husbands if a husband accuses his wife of zina but it is too difficult for him to establish proof; he may engage in li’aan against her as enjoined by Allaah, may He be glorified and exalted. This means bringing her before the judge and making his accusation against her, and the judge should make him swear four times by Allaah, instead of bringing four witnesses, that he is telling the truth i.e., about what he is accusing her of, namely zina. And the fifth time he should invoke the Curse of Allaah upon himself if he is lying. If he says this, she becomes irrevocably divorced by virtue of this li’aan, according to al-Shaafa’i and many of the scholars, and she becomes permanently forbidden to him, and he should give her the mahr (dowry), and the hadd punishment for zina should be carried out on her. The punishment is not averted from her unless she also engages in li’aan and swears by Allaah four times that he is lying, i.e., with regard to what he has accused her of; and the fifth time she should invoke the wrath of Allaah upon herself if he is telling the truth. Hence Allaah says “But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allaah, that he (her husband) is telling a lie.
9. And the fifth (testimony) should be that the Wrath of Allaah be upon her if he (her husband) speaks the truth.” End quote.
As for the wife, if she accuses her husband of zina, but she cannot produce four witnesses, then she should be given the hadd punishment for slander, because Allaah says (interpretation of the meaning):
“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”
[al-Noor 24:4]
These verses apply equally to slander against both women and men.
Al-Qurtubi (may Allaah have mercy on him) said in his Tafseer: Allaah mentioned women in the verse because they are of greater concern and accusing them of immorality is more abhorrent and more hurtful, but slandering men is also included in the meaning of the verse, and the ummah is unanimously agreed on that. End quote.
Al-Maawardi said in Ahkaam al-Sultaaniyyah (p. 287): If a woman slanders her husband, she should be given the hadd punishment, but she should not engage in li’aan. End quote.
If a woman knows that her husband has committed zina but she has no proof, namely four witnesses, then she should advise him and remind him, and tell him to fear Allaah. If he persists in his sin she may ask for a divorce from him or separate from him by means of khula’, because there is nothing good for her in staying with him, and because his having intercourse with her may be harmful for her.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/101771/if-she-accuses-her-husband-of-zina-does-she-have-the-right-to-separate-from-him-by-means-of-liaan | 177 | 101,771 |
626 | Incest is a worse and more serious sin | Question
What is the hadd punishment for incest? Can there be any repentance from that?. | Praise be to Allah.Firstly:
Zina with a mahram relative is a graven sin that zina with a non-mahram, because it is severing the ties of kinship, and an act of aggression against those with whom we are enjoined to uphold ties of kinship. Hence some of the scholars are of the view that the one who commits zina with a mahram should be executed in all cases, whether he was married or unmarried. This was narrated from Ahmad (may Allaah have mercy on him). The majority are of the view that he should be subjected to the hadd punishment; so if he was married he should be stoned and if he was not married he should be given one hundred lashes, even though his sin is greater.
It says in Mataalib Ooli al-Nuha (6/18): The one who commits zina with his sister is like one who commits zina with anyone else (with regard to hadd punishment), because of the general meaning of the reports. It was narrated from him (i.e., Imam Ahmad) that the one who commits zina with a mahram should be killed whatever the case, whether he was married or not. It was said to him: What about the woman? He said: It applies to both of them. But out view is what was stated above, i.e., that zina with a mahram is like zina with anyone else. End quote.
Ibn al-Qayyim (may Allaah have mercy on him) said concerning intercourse with one’s mother, daughter or sister: There is a totally natural repulsion towards that, and the hadd punishment for that is one of the most severe of punishments according to one of the two opinions, which is execution in all cases, whether he was married or not. This is one of the two views narrated from Imam Ahmad, and it is also the view of Ishaaq ibn Raahawayh and a number of the scholars of hadeeth. Abu Dawood narrated that al-Bara’ ibn ‘Aazib said: I met my paternal uncle and he was carrying the banner. I said to him: Where are you going? He said: The Messenger of Allaah (peace and blessings of Allaah be upon him) has sent me to a man who married his father’s wife after he died, to strike his neck and confiscate his wealth. [Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (2351).]
In Sunan Abi Dawood and Sunan Ibn Majaah it is narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a mahram relative, kill him.” [Classed as da’eef by al-Albaani in Da’eef al-Jaami’ (5524).]
The Muslims are unanimously agreed that the one who commits zina with a mahram deserves the hadd punishment; they only differed with regard to the nature of hadd punishment: should it be execution in all cases, or is it the hadd punishment of the (ordinary) zaani? There are two points of view. Al-Shaafa’i, Maalik and Ahmad, according to one of the reports from him, were of the view that he should be subjected to the hadd punishment for zina. Ahmad, Ishaaq and a number of the scholars of hadeeth were of the view that his punishment is execution whatever the case. End quote from al-Jawaab al-Kaafi, p. 270.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) favoured the view that the one who commits zina with a mahram should be executed in all cases. He said: The apparent meaning of the author’s words is that there is no difference between zina with a mahram relative and zina with anyone else, but zina with a mahram is punishable by execution in all cases, because of a saheeh hadeeth that speaks of that. This view was favoured by Ibn al-Qayyim in al-Jawaab al-Kaafi , where he said that the one who commits zina with a mahram should be executed whatever the case.
For example, if a man committed zina – Allaah forbid – with his sister or his paternal aunt or his maternal aunt or his wife’s mother or the daughter of a wife with whom he had consummated the marriage and so on, then he is to be executed whatever the case, because this intimacy is not permissible to him under any circumstances whatsoever, because the woman is one of his mahrams, and because this is a grave immoral action. There is also a hadeeth which was narrated from the Messenger (peace and blessings of Allaah be upon him) about executing the one who has intercourse with one of his mahrams. This was narrated from Ahmad, and it is the correct view, that the one who commits zina with one of his mahrams should be executed even if he was not married. End quote from al-Sharh al-Mumti’ (6/132).
It says in al-Mawsoo’ah al-Fiqhiyyah (24/20): The sin of zina varies in severity. Zina with a mahram or married woman is worse than zina with a stranger (non-mahram) or unmarried woman, because it is a transgression against the sacred rights of the husband and corrupting his lineage, and it may involve attributing offspring to him who are not his, and other kinds of damage. So it is a worse sin than zina with a woman who does not have a husband or who is a stranger (non-mahram). If her husband is a neighbour then it also involves bad treatment of neighbours, and mistreating neighbours is one of the worst kinds of mistreatment and one of the worst sins that may doom a person to Hell. If the neighbour was a brother or one of his relatives, it also involves severing ties of kinship, so the sin is compounded. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “He will not enter Paradise from whose harm his neighbour is not safe.” There is no harm greater than zina with one’s neighbour’s wife. If the neighbour is absent doing something in obedience to Allaah, such as worship, seeking knowledge or jihad, then the sin is compounded. The one who commits zina with the wife of one who is fighting for the sake of Allaah will be made to stand before him on the Day of Resurrection, and he will take as much of his good deeds as he wants. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The sanctity of the wives of the mujaahideen for those who stay behind is like the sanctity of their own mothers. There is no man among those who stay behind who looks after the family of one of the mujaahideen and then betrays him with regard to them, but he will be made to stand on the Day of Resurrection, and he (the mujaahid) will take as much of his good deeds as he wishes, so what do you think?” Narrated by Muslim (1897). i.e., do you think he will leave him any of his hasanaat (good deeds)? It has already been ruled that he has the right to take whatever he wants at the time when all people will be desperate for even a single hasanah. If it so happens that the woman was also his relative, the sin of severing ties of kinship will be added to that. If it so happens that the zaani was also married, then the sin is even greater. If he was an old man, the sin and punishment will be greater. If that also occurred during a sacred month or in a sacred place, or at a time that is held in high regard by Allaah, such as the time of prayer or times when du’aa’s are answered, the sin is further compounded. End quote.
Secondly:
The one who has done any such thing should hasten to repent to Allaah, may He be exalted. Repentance may be valid for any sin, no matter how great. Allaah says (interpretation of the meaning):
“Know they not that Allaah accepts repentance from His slaves and takes the Sadaqaat (alms, charity), and that Allaah Alone is the One Who forgives and accepts repentance, Most Merciful?”
[al-Tawbah 9:104]
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-70]
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
These verses indicate that the one who repents must do a lot of good deeds and follow the path of guidance, and keep away from the causes of temptation.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/84982/incest-is-a-worse-and-more-serious-sin | 177 | 84,982 |
627 | She is not sure that she is really her father’s child | Question
What is my destiny, to paradise or hell if I was a daughter of adultery and I was just written in the name of the man I live with as father? What shall I do? Shall I expose this reality and go to detention? Or just stay silent and conceal my family’s secret? How shall I live with a brother who is not from the same father? May Allah forgive my mother, she destroyed me. I am a religious girl, Alhamdulillah. Do not suppose this is untrue and ask for a proof that I am not his daughter, because there is strong resemblance between me and the man whom my mother committed adultery with. Help me, what shall I do? | Praise be to Allah.
Firstly:
The child of adultery is not responsible for the crime
committed by his mother, and he is not to be taken to task for it, rather he
is responsible for his own actions. If he is righteous and obedient then he
will be one of the people of Paradise, and if he is a disobedient evildoer
then he will deserve to enter Hell. So in this regard he is like all other
people, and there is no difference between him and them.
Secondly:
If a woman has a husband and she bears a child who could be
from that husband (in that he is born after six months of marriage), then
this child should be attributed to her husband according to sharee’ah, and
it is not permissible to deny that he belongs to him, unless the husband
himself denies it and engages in li’aan with his wife to that effect.
The evidence for that is the report narrated by al-Bukhaari
(2053) and Muslim (1457) which says that Sa’d ibn Abi Waqqaas and ‘Abd ibn
Zam’ah disputed concerning a slave belonging to Zam’ah. Sa’d said: O
Messenger of Allaah, this is the son of my brother, ‘Utbah ibn Abi Waqqaas,
who asked me to take care of him because he is his son. ‘Abd ibn Zam’ah
said: This is my brother, O Messenger of Allaah, the son of my father’s
slave woman who was born in my father’s bed. The Messenger of Allaah (S) saw
a clear resemblance to ‘Utbah. But he said: “He is yours, O ‘Abd ibn Zam’ah.
The child is for the (owner of the) bed.” Then he said to Sawdah bint
Zam’ah, who was one of the Mothers of the Believers (may Allaah be pleased
with them): “Observe hijab from him, O Sawdah.”
If the child was born in the marital bed, he is to be
attributed to the husband, and he cannot be regarded as not being his child
except by means of li’aan, where the husband engages in li’aan with his wife
and denies that the child is his, in which case physical resemblance is of
no significance. It is clear from the hadeeth quoted above that the child
concerning whom there was a dispute bore a clear resemblance to the zaani,
‘Utbah ibn Abi Waqqaas. This case of zina had taken place during the
Jaahiliyyah (i.e., before Islam), and Sa’d wanted to attribute the slave to
his brother who had left instructions to that effect (before he died), but
the Prophet (peace and blessings of Allaah be upon him) ruled that the
child belonged to the marital bed and attributed him to Zam’ah, who was the
master of the slave woman. But in order to be on the safe side, he told
Sawdah bint Zam’ah to observe hijab before this brother of hers.
So in this case there was both an admission of zina and a
clear resemblance (to the zaani), but despite that the Prophet (peace
and blessings of Allaah be upon him) affirmed that the child was to be
attributed to the owner of the marital bed. This is because sharee’ah takes
a cautious view in order to protect lineages and is keen to conceal sins,
for the lineage is the child’s right.
Al-Nawawi (may Allaah have mercy on him) said in Sharh
Muslim: With regard to the words of the Prophet (peace and
blessings of Allaah be upon him), “Observe hijab from him, O Sawdah”, he
told her to do that so as to be on the safe side, because he appeared to be
her brother in shar’i terms, because he was attributed to her father, but
when he saw that he clearly resembled ‘Utbah ibn Abi Waqqaas, he was afraid
that he may have been his child, in which case he would be a stranger
(non-mahram) to her, so he told her to observe hijab before him in order to
be on the safe side.
Al-Qaadi ‘Iyaad (may Allaah have mercy on him) said: The
custom during the Jaahiliyyah was to name children after the zaani. They
used to hire slave woman for zina, and whoever the mother said that the
child belonged to, they would name him after him. Then Islam came and
abolished that, and ruled that the child belonged to the legitimate marriage
bed. When ‘Abd ibn Zam’ah and Sa’d ibn Abi Waqqaas disputed, Sa’d did what
his brother ‘Utbah ibn Abi Waqqaas had asked him to do, in accordance with
the custom of Jaahiliyyah, and Sa’d was not aware that this had been
abolished in Islam. The child’s paternity had not been stated during the
Jaahiliyyah, either because there was no claim or because the mother did not
acknowledge that he was ‘Utbah’s child. ‘Abd ibn Zam’ah claimed that he had
been born on his father’s bed, so the Prophet (peace and blessings of
Allaah be upon him) ruled in his favour. End quote.
Ibn Qudaamah (may Allaah have mercy on him) said: They were
unanimously agreed that if a child is born on one man’s bed and another man
claims him, he should not be named after him. End quote from al-Mughni
(6/228).
Based on that, if you were born six months or more after your
father married your mother, then you should be named after your father, and
your lineage cannot be denied except by means of li’aan. You have no need to
have doubts about your mother or think badly of her because you resemble
someone else, because people may resemble one another without there being
any zina.
Whatever the case, resemblance to the zaani or the woman’s
admission of zina does not mean that the child cannot be attributed to the
husband, unless the husband engages in li’aan. See the answer to question
no. 33615 for information on li’aan and its consequences.
What you should do is ignore this matter and stop thinking
about it, and pay attention to doing righteous deeds and adhering to this
religion properly.
We ask Allaah to guide you and help you to do that which He
has permitted and that which pleases Him.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/100270/she-is-not-sure-that-she-is-really-her-fathers-child | 177 | 100,270 |
628 | How sound is the hadeeth, “Give the adulterer the tidings of poverty”? | Question
How sound is the hadeeth which says, “Give the adulterer the tidings of poverty, even if it is after a while”? If it is a saheeh hadeeth, can you explain it to me?. | Praise be to Allah.
Firstly:
The hadeeth with the wording mentioned has no basis, as it
was not narrated by any of the scholars of hadeeth and it is not to be found
in any of the reliable books of Sunnah.
Al-‘Ajlooni says in Kashf al-Khafa’ (1/286):
“Give the killer the tidings of killing”. It says in
al-Maqaasid: I do not know it, and the well known addition that many
people say, “Give the adulterer the tidings of poverty, even if it is after
a while”, is also not saheeh, even though reality bears witness to that. End
quote.
Shaykh Ahmad al-‘Aamiri said in al-Jadd al-Hatheeth
(73) that it is not a hadeeth. End quote.
It says in al-Nukhbah al-Bahiyyah fi Bayaan al-Ahaadeeth
al-Makdhoobah ‘ala Khayr al-Bariyyah, by Muhammad al-Ameer
al-Kabeer al-Maaliki (d. 1228 AH) (p. 43): It is not known. End quote.
There are other ahaadeeth which point to the same meaning,
but they are also not saheeh, such as the hadeeth of Ibn ‘Umar (may Allaah
be pleased with him), according to which the Prophet (peace and
blessings of Allaah be upon him) said: “Zina leads to poverty.”
This was narrated by Abu Haatim, as it says in al-‘Ilal
(1/410-411), and by al-Qadaa’i in Musnad al-Shihaab (1/73), Ibn
‘Adiyy in al-Kaamil (6/432) and al-Bayhaqi in Shu’ab al-Eemaan
(4/363) via al-Maadi ibn Muhammad from Layth ibn Abi Sulaym, from Mujaahid,
from Ibn ‘Umar.
Abu Haatim said, after narrating the hadeeth: This is a false
(baatil) hadeeth. I do not know Maadi. End quote.
It was mentioned by Ibn Hibbaan in al-Majrooheen
(2/237) among the munkar hadeeth of Layth ibn Abi Sulaym.
Ibn ‘Adiyy said in al-Kaamil (8/183): It is not known.
Al-Dhahabi said in al-Meezaan (3/423): It is munkar. Al-Albaani said
in al-Silsilah al-Da’eefah (140): It is baatil.
See in al-Silsilah al-Da’eefah (1/270-274) other
ahaadeeth which describe the evils and negative consequences that result
from zina, all of which are mawdoo’ (fabricated) or munkar.
Secondly:
It is well known that sins bring nothing but evil and
calamities, as Allaah says (interpretation of the meaning):
“Evil (sins and disobedience to Allaah) has appeared on
land and sea because of what the hands of men have earned (by oppression and
evil deeds), that He (Allaah) may make them taste a part of that which they
have done, in order that they may return (by repenting to Allaah, and
begging His Pardon)”
[al-Room 30:41]
“And whatever of misfortune befalls you, it is because of
what your hands have earned. And He pardons much”
[al-Shoora 42:30]
Because of sins a person is deprived of provision and
goodness, and because of sins the earth is deprived of rain, even if they
are minor sins, so how about if they are major sins?
It was narrated that ‘Abd-Allaah ibn ‘Umar (may Allaah be
pleased with him)said: The Messenger of Allaah (peace and blessings of
Allaah be upon him) turned to us and said: “O Muhaajireen, there are five
things with which you will be tested, and I seek refuge with Allaah lest you
live to see them: Immorality never appears among a people to such an extent
that they commit it openly, but plagues and diseases that were never known
among the predecessors will spread among them. They do not cheat in weights
and measures but they will be stricken with famine, severe calamity and the
oppression of their rulers. They do not withhold the zakaah of their wealth,
but rain will be withheld from the sky and were it not for the animals no
rain would fall on them. They do not break their covenant with Allaah and
His Messenger, but Allaah will enable their enemies to overpower them and
take some of what is in their hands. Unless their leaders rule according to
the Book of Allaah and follow the guidance of Allaah, Allaah will cause them
to fight one another.” Narrated by Ibn Majaah (4019) and classed as hasan by
al-Albaani.
So it is not unlikely that Allaah may afflict the zaani with
poverty, as a punishment for his sin, as he enjoyed pleasure in a manner
that was not permissible, so Allaah punishes him by depriving him of wealth
and independence of means, and sends poverty and hardship upon him, as a
punishment that fits his crime.
Ibn Hibbaan narrated in al-Thiqaat (7/574) via
Mak-hool al-Shaami that Ibn ‘Umar said to him: O Mak-hool, beware of zina,
for it leads to poverty.
And it was narrated that Asma’ (may Allaah be pleased with
her) said: I saw Zayd ibn ‘Amr as an old man, leaning back against the
Ka’bah and saying: Woe to you, O Quraysh, beware of zina for it leads to
poverty.
This was narrated by Abu Na’eem in Ma’rifat al-Sahaabah
(8/120 2) and by Ibn ‘Asaakir in Tareekh Dimashq (19/512-513). It was
also quoted by Ibn Katheer in al-Bidaayah wa’l-Nihaayah (2/241).
Al-Munaawi said in Fayd al-Qadeer (4/72):
“Zina leads to poverty” means it is inevitable, because
wealth (or independence of means) comes from the bounty of Allaah, and His
bounty is bestowed upon those who are content with Allaah and what He gives
them. Allaah has made His slaves free of any need to commit zina through
that which He has permitted to them of marriage by His bounty. So the one
who prefers zina to that has preferred to follow the accursed shaytaan
rather than being content with the bounty of Allaah, and if the bounty is
lost then independence of means is lost and there comes hardship. So zina
leads to loss of blessing. If a person is tested with it and does not give
it up and return (to the right way), then let him bid farewell to the
blessings of Allaah, for that is a guest that soon departs.
“That is so because Allaah will never change a grace which
He has bestowed on a people until they change what is in their ownselves.
And verily, Allaah is All-Hearer, All‑Knower”
[al-Anfaal 8:53]
It says in Sharh al-Shihaab: Poverty is of two types:
poverty of hand and poverty of heart. The sin of zina takes away and erases
the blessing of wealth, because it is ingratitude for the blessing and using
it to disobey the One Who granted the blessing, so it takes it away. Then he
is tested with poverty of heart because of his weakness of faith, so his
heart starts to seek that which it does not have and he is not given
patience to bear it, and this is an ongoing punishment. End quote.
Ibn al-Qayyim said in Rawdat al-Muhibbeen (360):
Zina includes all kinds of evil: lack of religious
commitment, loss of piety, corruption of chivalry, lack of protective
jealousy. You will not find any zaani who is pious, or fulfils covenants, or
is sincere in speech, or maintains friendships, or has a proper sense of
protective jealousy concerning his family.
Treachery, lying, betrayal, lack of modesty, lack of
awareness that Allaah is watching, failure to refrain from indulging in
haraam, and loss of protective jealousy are all results of zina.
Another result of zina is the wrath of the Lord due to His
sacred limits being transgressed and the sanctity of the family being
violated. If a man were to do that to some king, he would punish him in the
worst manner.
Another result is darkness of the face, and depression and
self-hatred, which are obvious to all onlookers.
Another result is darkness of the heart and extinguishing of
light from it, which leads to extinguishing of light in the face and
darkness therein.
Another result is inevitable poverty. According to a report,
Allaah says: “I am Allaah, Who destroys tyrants and make adulterers poor.”
Another result is loss of respect for the one who does it, so
that he becomes insignificant before Allaah and before His slaves.
Another result is that he loses the best of qualities, such
as chastity, righteousness and good character, and he acquires the opposite,
so that he becomes known as an immoral person, evildoer, adulterer and
betrayer.
Another result is that he is no longer regarded as a
believer, as it was narrated in al-Saheehayn that the Prophet
(peace and blessings of Allaah be upon him) said: “The adulterer at the time
when he is committing adultery is not a believer.” So he loses his faith in
a general sense, although he does not lose it altogether. Ja’far ibn
Muhammad was asked about this hadeeth and he draw a circle on the ground and
said: This is the circle of faith. Then he drew another circle outside it
and said: This is the circle of Islam. When a person commits zina he goes
out of (the former) but he does not go out of (the latter).
Just because a man has a portion of faith, it does not mean
that he can be called a believer, just as if a man has a portion of
knowledge and fiqh, he cannot be called a scholar or faqeeh, or if he has a
portion of courage or generosity he cannot be called courageous or generous.
Similarly, he may have a portion of piety but he cannot be called pious, and
so on. The correct view is to take this hadeeth as it appears to be and not
try to interpret it otherwise. And Allaah knows best.
Another result is that he exposes himself to becoming one of
the inhabitants of the oven in which the Prophet (peace and blessings
of Allaah be upon him) saw adulterers and adulteresses.
Another result is that he ceases to be tayyib (good), as
Allaah described those who are chaste, and instead becomes khabeeth (bad),
as Allaah describes those who commit zina, as Allaah says (interpretation of
the meaning): “Bad statements are for bad people (or bad women for bad
men) and bad people for bad statements (or bad men for bad women). Good
statements are for good people (or good women for good men) and good people
for good statements (or good men for good women)” [al-Noor 24:26].
Allaah has forbidden Paradise to everyone who is khabeeth
(bad, evil); rather He has made it an abode for the good, and no one but
good people will enter it. Allaah says (interpretation of the meaning):
“Those whose lives the angels take while they are in a
pious state (i.e. pure from all evil, and worshipping none but Allaah Alone)
saying (to them): Salaamun ‘Alaikum (peace be on you) enter you Paradise,
because of that (the good) which you used to do (in the world)”
[al-Nahl 16:32]
“and its keepers will say: Salaamun ‘Alaykum (peace be
upon you)! You have done well, so enter here to abide therein”
[al-Zumar 39:73]
They only deserve the greeting of the angels and admission to
Paradise because of their goodness, but zina is one of the most evil of
actions, and Allaah has made Hell the abode of evil and evil people. When
the Day of Resurrection comes, He will separate evil from good, and He will
put evil all together, then throw it and its people into Hell. No good
person will enter Hell and no evil person will enter Paradise.
Another result is the sense of alienation which Allaah casts
into the heart of the zaani, and it is akin to the alienation that appears
in his face. The chaste person has sweetness in his face and comfort in his
heart, and the one who sits with him feels comfortable with him. But the
zaani has alienation in his face and the one who sits with him feels
uncomfortable with him.
Another result is lack of respect from his family, companions
and others. He is the least significant of things in their eyes, unlike the
chaste man, who is respected and liked.
Another result is that people regard him as treacherous, and
no one will trust him with regard to his womenfolk or children.
Another result is the odour that emanates from him and is
smelled by everyone who has a sound heart; it comes from his mouth and body.
Another result is anxiety, because adulterers get the
opposite of what they seek. The one who seeks the pleasures and good things
of life by doing that which Allaah has forbidden will be punished with the
opposite of what he sought, because that which is with Allaah can only be
attained by obeying Him. Allaah never makes disobedience to Him the means of
attaining goodness. If the evildoer understood what pleasure, joy, delight
and good living there is in chastity, he would think that what he has missed
out on of pleasure is many times greater than that which he has attained,
let alone the ultimate achievement of attaining the reward and honour of
Allaah.
Another result is that he exposes himself to missing out on
the enjoyment of al-hoor al-‘iyn in delightful abodes in the Paradise of
‘Adn (Garden of Eden). We have stated above that Allaah will punish the one
who wears silk in this world by depriving him of wearing it on the Day of
Resurrection, and He will punish the one who drinks wine in this world by
depriving him of it on the Day of Resurrection. Similarly, in the case of
the one who seeks haraam forms of pleasure in this world, for everything
that he got in this world, if it was available in a permissible form, his
share of it on the Day of Resurrection will be reduced, and whatever he got
in haraam ways will be reduced on the Day of Resurrection.
Another result is that zina leads to severing of family ties,
disobedience towards parents, haraam earnings, wronging people and loss of
one’s wife and family, and it may led to shedding of blood that it is not
permissible to shed, or seeking help by means of witchcraft and shirk,
whether he realizes it or not. This sin can only be committed if it is
accompanied by other sins, beforehand or alongside it, and it generates
other sins that come after it. It is surrounded by a legion of sins that
come before it and after it, and it is the action that brings the most evil
in this world and in the Hereafter and prevents the most goodness in this
world and in the Hereafter. Once a person falls into the trap of this sin,
no advice will benefit him and no one can save him from it, and the
blessings of Allaah will soon depart from him. Anyone who commits this sin
may bid farewell to the blessings of Allaah.
Allaah says:
“That is so because Allaah will never change a grace which
He has bestowed on a people until they change what is in their ownselves.
And verily, Allaah is All-Hearer, All‑Knower”
[al-Anfaal 8:53]
“But when Allaah wills a people’s punishment, there can be
no turning back of it, and they will find besides Him no protector”
[al-Ra’d 13:11]
End quote.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/89791/how-sound-is-the-hadeeth-give-the-adulterer-the-tidings-of-poverty | 177 | 89,791 |
629 | He wants to marry a girl with whom he had a relationship | Question
I hope you can help me as I am in a deep trouble. I knew some girl who works far from where her family lives. For two years we had a loving relationship, we were meeting and committing Zina (adultery), we agreed to marry because I can not forget her, and she can not forget me either. Since she knew me she became religious and changed a lot. Allah knows how much I love her. Do you advise me to marry her? I am suffering. | Praise be to Allah.
Firstly:
Before answering your question, we must remind you that it is
obligatory to repent and regret what you have done with this woman, because
you have fallen into several major sins, the most serious of which is zina
(fornication) which is clearly forbidden in the Qur'aan and Sunnah, and the
scholars are unanimously agreed that it is haraam, and wise people are
unanimously agreed that it is abhorrent and evil.
Allaah says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin), and an
evil way that leads one to hell unless Allaah forgives him)”
[al-Isra’ 17:32]
And the Prophet (peace and blessings of Allaah be upon
him) said: “No adulterer is a believer at the time when he is committing
adultery.” Narrated by al-Bukhaari (2475) and Muslim (57).
There is a severe punishment for zina in al-Barzakh, before
the punishment in the Hereafter. In the famous hadeeth of Samurah ibn Jundub
(may Allaah be pleased with him) about the dream, it says:
“… then we [i.e., the Prophet (peace and blessings of
Allaah be upon him) and Jibreel and Mikaa’eel] proceeded and came to
something like a tannoor (a kind of oven), in which there were clamouring
voices.” He [the Prophet (peace and blessings of Allaah be upon him)] said:
“We looked into it and there we saw naked men and women. Flames were coming
to them from the bottom of it, and when the flames reached them, they made
uproar. I said to them [i.e., the two angels who were accompanying him],
‘Who are these?’ … They said, ‘We will tell you. As for the naked men and
women in the structure that resembled a tannoor oven, they are the
adulterers and adulteresses.’”
Narrated by al-Bukhaari (6640).
Allaah has ordained the hadd punishment for zina. He says
concerning the hadd punishment for an unmarried person (interpretation of
the meaning):
“The fornicatress and the fornicator, flog each of them
with a hundred stripes. Let not pity withhold you in their case, in a
punishment prescribed by Allaah, if you believe in Allaah and the Last Day.
And let a party of the believers witness their punishment”
[al-Noor 24:2]
As for the person who has previously been married, the hadd
punishment is execution, In the hadeeth narrated by Imam Muslim in his
Saheeh (3199) it is narrated that the Prophet (peace and blessings
of Allaah be upon him) said: “For a previously-married person with a
previously-married person, [the punishment is] one hundred lashes and
stoning.”
What we have said to you applies to the woman too, and she
should realize that her sin is even worse, but because, as you say, she has
become righteous, we hope that her repentance is sincere and that Allaah
will forgive her by His grace and kindness.
Secondly:
You should note that if you have not both repented from the
sin of zina, then it is not permissible for you to marry her, because Allaah
has forbidden the zaani and zaaniyah to marry unless they both repent.
Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress
— fornicatress or a Mushrikah; and the adulteress –fornicatress, none
marries her except an adulterer — fornicater or a Mushrik [and that means
that the man who agrees to marry (have a sexual relation with) a Mushrikah
(female polytheist, pagan or idolatress) or a prostitute, then surely, he is
either an adulterer — fornicator, or a Mushrik (polytheist, pagan or
idolater). And the woman who agrees to marry (have a sexual relation with) a
Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then
she is either a prostitute or a Mushrikah (female polytheist, pagan, or
idolatress)]. Such a thing is forbidden to the believers (of Islamic
Monotheism)”
[al-Noor 24:3]
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on
him) said:
This clearly points to the abhorrent nature of zina, and that
is tarnishes the honour of the one who does it in a way that other sins do
not. Allaah tells us that no woman would marry a zaani but a woman who is
also a zaaniyah, who is like him, or a mushrik woman who associates others
with Allaah and does not believe in the Resurrection or in reward and
punishment (in the Hereafter), and who does not adhere to the commands of
Allaah. And similarly, no one would marry a zaaniyah except a zaani or a
mushrik. “Such a thing is forbidden to the believers” means, it is
haraam for them to marry zaanis or zaaniyahs.
What the verse means is that if a person wants to marry the
man or woman who commits zina and has not repented from that, despite the
fact that Allaah has prohibited that, then he is either not adhering to the
ruling of Allaah and His Messenger, in which case he cannot be anything but
a mushrik, or he is adhering to the ruling of Allaah and His Messenger but
he agrees to this marriage despite knowing that this person has committed
zina, in which case this marriage is also zina, and he is an immoral zaani.
If he truly believed in Allaah, he would not do that. This clearly indicates
that it is haraam to marry a zaaniyah unless she repents, or to marry a
zaani unless he repents, because marriage is the strongest type of
companionship, and Allaah says (interpretation of the meaning): “Assemble
those who did wrong, together with their companions” [al-Saaffaat 37:22].
Allaah has forbidden that because of what it involves of great evil, and
lack of protective jealousy, and attribution of children who are not his to
the husband, and the zaani failing to keep her chaste because he is
distracted elsewhere, any one of which is sufficient reason for the
prohibition. End quote.
Tafseer al-Sa’di (p. 561).
The scholars of the Standing Committee were asked:
A man committed zina with a virgin and wants to marry her. Is
it permissible for him to do that?
They replied:
If the matter is as described, each of them must repent to
Allaah and give up this sin, and regret what has happened of immoral
actions, and resolve not to do it again, and do a lot of good deeds, in the
hope that Allaah will accept their repentance and turn their bad deeds into
good. Allaah says (interpretation of the meaning):
“And those who invoke
not any other ilaah (god) along with Allaah, nor kill such person as Allaah
has forbidden, except for just cause, nor commit illegal sexual intercourse
___ and whoever does this shall receive the punishment.
69. The torment will be
doubled to him on the Day of Resurrection, and he will abide therein in
disgrace;
70. Except those who
repent and believe (in Islamic Monotheism), and do righteous deeds; for
those, Allaah will change their sins into good deeds, and Allaah is
Oft‑Forgiving, Most Merciful
71. And whosoever
repents and does righteous good deeds; then verily, he repents towards
Allaah with true repentance”
[al-Furqaan 25:68-70]
If he wants to marry her, then he must wait for one menstrual
cycle to establish whether her womb is empty before doing the marriage
contract with her. If it turns out that she is pregnant, then it is not
permissible for him to do the marriage contract with her until after she
gives birth, in accordance with the hadeeth in which the Prophet (peace
and blessings of Allaah be upon him) forbade a man to water the crop of
another with his own water. End quote.
Fataawa Islamiyyah (3/247).
So repent to Allaah and set your affairs straight, and do a
lot of good deeds, and after that it will be permissible for you to get
married. We ask Allaah to accept your repentance and to forgive you, by His
grace and mercy.
See also question no. 85335.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=4 | https://islamqa.info/en/answers/87894/he-wants-to-marry-a-girl-with-whom-he-had-a-relationship | 177 | 87,894 |
630 | Who is the one who should carry out the hadd punishment for zina? | Question
Is killing of a woman allowed for the sake of family honour ,if she is found guilty of anything that is not good for the family's name and honour ,for example she is blamed for adultery and is not proved yet or found to have relation with a na-mahrum(not related to her) ,If not kindly state some verses from Quran-e-Majeed and some Ahadiths which render such killings incorrect unless being processed through the court of Islamic Law? Did any such incident occur in the days of The Holy Prophet(P.B.U.H) and how was it dealt with?. | Praise be to Allah.One of the gravest of major sins with which a person can meet his Lord is the sin of killing a soul whose killing Allaah has forbidden.
Allaah says (interpretation of the meaning):
“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him”
[al-Nisa’ 4:93]
It was narrated that Anas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) was asked about major sins, and he said: “Associating others with Allaah, disobeying one’s parents, murder and bearing false witness.” Narrated by al-Bukhaari, 2510; Muslim, 88.
It was narrated that Ibn ‘Umar (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The believer will continue to have a good chance of salvation so long as he does not shed haraam blood.” Narrated by al-Bukhaari, 6469.
It is not permissible to accuse chaste women of zina. Zina can only be proven by the testimony of four men who see the act take place with their own eyes, and see the penis enter the vagina, or by the unforced confession of the man or woman who committed zina.
Anything other than that is accusing a Muslim woman of zina, for which the person should be given eighty lashes.
Allaah says (interpretation of the meaning):
“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”
[al-Noor 24:4]
It was narrated that Abu Hurayrah and Zayd ibn Khaalid al-Juhani (may Allaah be pleased with them both) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “… Go tomorrow, O Unays, to this woman and if she admits (to adultery) then stone her.” He said: I went to her the next day and she admitted it, so the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that she be stoned.” Narrated by al-Bukhaari, 2575; Muslim, 1698.
Allaah has specified the punishments for men and women who commit zina. The hadd punishment is stoning if they have been married and one hundred lashes for one who has not been previously married.
Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
It was narrated from Jaabir that a man from (the tribe of) Aslam came to the Prophet (peace and blessings of Allaah be upon him) when he was in the mosque and he said, “I have committed adultery.” The Prophet (peace and blessings of Allaah be upon him) turned his face away from him. The man came to that side to which the Prophet had turned his face, and testified against himself four times. The Prophet (peace and blessings of Allaah be upon him) said, "Are you mad?” He said, “No.” The Prophet said, “Are you married?" He said, "Yes.” So he commanded that he be stoned in the Musalla (Eid prayer place). When the stones troubled him, he ran away, until he was caught in al-Harrah and killed.
Narrated by al-Bukhaari, 4969; Muslim, 1691.
If it is asked: who is it that should carry out this hadd punishment for zina?
The answer is:
No one should carry out the hadd punishments without the permission of the ruler. If there is no ruler who rules according to sharee’ah then it is not permissible for the ordinary people to carry out the hadd punishments. Whoever does that is sinning, because carrying out the hadd punishments requires examining the matter and requires shar’i knowledge in order to know the conditions of proof.
The ordinary people have no knowledge of such things, and the carrying out of one of the hadd punishments by the ordinary people leads to many evils and the loss of security, whereby people will attack one another and kill one another or chop off one another’s hands on the grounds that they are carrying out hadd punishments.
Al-Qurtubi said:
There is no dispute among the scholars that qisaas (retaliatory punishments) such as execution cannot be carried out except by those in authority who are obliged to carry out the qisaas and carry out hadd punishments etc, because Allaah has addressed the command regarding qisaas to all the Muslims, and it is not possible for all the Muslims to get together to carry out the qisaas, which is why they appointed a leader who may represent them in carrying out the qisaas and hadd punishments.
Tafseer al-Qurtubi, 2/245, 246.
Ibn Rushd al-Qurtubi said:
With regard to the one who should carry out this punishment – i.e., the hadd punishment for drinking alcohol – they agreed that the ruler should carry it out, and that applies to all the hadd punishments.
Bidaayat al-Mujtahid, 2/233.
Al-Shawkaani said:
It was narrated from Abu’l-Zinaad from his father that the fuqaha’ of the people of Madeenah used to say that no one should carry out any of the hadd punishments except the ruler, unless it is a man carrying out the hadd punishment for zina on his male or female slave. Nayl al-Awtaar, 7/295, 296.
The family of the woman should prevent her from committing immoral actions and should prevent the things that lead to that, such as going out, speaking to non-mahram men, and everything that may enable her to commit evil. If the only way is to detain her and tie her up, then they have the right to do that, so they should detain her in the house.
But as for killing her, they should not do that. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a married woman who had children and who formed an attachment to a man and committed immoral actions with him. When she was found out, she tried to leave her husband: did she have any right to her children after doing this? Was there any sin on them if they cut off relations with her? Was it permissible for the one who has proof of that to kill her secretly? If someone else did that would he be sinning?
He replied:
Her sons’ and male relatives’ duty is to prevent her from committing haraam actions, and if the only way they could do that is by detaining her, then they should detain her. If it means that they have to tie her up, then they should tie her up. But the son should not beat his mother, and with regard to treating her kindly, they have no right to do otherwise. It is not permissible for them to cut off ties with her so that she is free to do evil actions, rather they should try to prevent her from doing evil as much as possible. If she needs provision and clothing they should provide that for her. And it is not permissible for them to carry out the hadd punishment – execution or otherwise – on her, and they will be sinning if they do that.
Majmoo’ al-Fataawa, 34/177-178.
It so happened that some women committed zina at the time of the Prophet (peace and blessings of Allaah be upon him), and no one in their families killed any of these women. One of them was al-Ghaamidiyyah (may Allaah be pleased with her).
It was narrated that Buraydah ibn al-Haseeb said: A woman from Ghaamid, a branch of al-Azd, came and said: “O Messenger of Allaah, purify me!” He said, “Woe to you! Go back and seek the forgiveness of Allaah and repent to Him.” She said: “I think that you intend to send me back as you sent Maa’iz ibn Maalik back.” He said, “What has happened to you?” She said that she had become pregnant as a result of zina. He said: “Is it you (who has done that)?” She said: “Yes.” He said to her: “(You will not be punished) until you give birth to that which is in your womb.” A man from among the Ansaar sponsored her [i.e., paid for her needs etc] until she delivered (the child). Then he (that Ansaari) came to the Prophet (peace and blessings of Allaah be upon him) and said: “The Ghaamidi woman has given birth to a child.” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Then we will not stone her and so leave her child with no one to nurse him.” One of the Ansaar stood up and said: “O Messenger of Allaah, let me be responsible for ensuring that he is nursed.” Then she was stoned to death.
Narrated by Muslim, 1695.
So the attitude of the family of the woman asked about here, claiming that she deserves to be executed, is wrong in other ways as well, such as:
1 – They do not have the attitude if one of their sons or brothers commits zina. This is like the actions of the people of the Jaahiliyyah who allowed themselves to commit zina but not their women. And these people feel that their honour has been besmirched and their protective jealousy comes to the for if their women commit sin, but there is no protective jealousy on their part if one of their sons or brothers does the same thing. Indeed some fathers boast about their son’s evil actions and encourage him to do it.
2 – They have opened the door for women to fall into sin, by allowing women to attend mixed schools, have bad friends, watch haraam things and sit in reprehensible gatherings. This has led to women’s hearts becoming deadened and attracted to immoral things. Some of them do not arrange marriages for their daughters or sisters and they stipulate impossible conditions, then they want to punish them when they are the ones who deserve punishment more.
3 – They don’t only kill for the sin of zina, rather they do that even if the woman only spoke to or got to know a non-mahram man, for which there is no hadd punishment of killing in sharee’ah.
4 – They open the door for everyone who wants to kill his sister or daughter on the grounds of nonsensical excuses, when the reason for killing her may be her wealth, or because she knows things about them that they want to conceal, or other such reasons.
From time to time we hear claims from the kaafir west or the deviant east that everyone who kills his sister or daughter does so because of honour. That is because many laws let the killer off if he kills any family member for this reason.
Even though this claim may be true, we should not be deceived by these people and their claims, because the purpose of these claims is to remove gheerah (protective jealousy) from the hearts of the woman’s family, and to open the door for women to commit immoral actions.
What the guardians of women must do is to fear Allaah regarding those who are under their care, and prevent them from committing immoral actions or doing the things that lead to that, and not be either careless or too strict.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/8980/who-is-the-one-who-should-carry-out-the-hadd-punishment-for-zina | 177 | 8,980 |
631 | He has repented from zina; does the hadd punishment have to be carried out on him? | Question
I am married and my wife is in my homeland but I work in a western country in order to earn a living and educate my children. But I committed the sin of zina, and I regretted it and repented to Allaah. Is that sufficient or not? Or must the hadd punishment also be carried out?. | Praise be to Allah.
Undoubtedly zina is a major sin, and among the means that
lead to it are nakedness of women, mixing of men with non-mahram women, the
decline in morals and the corruptness of the environment in general. If you
committed zina because of being away from your wife and mixing with evil and
corrupt people, then you regretted your sin and repented to Allaah
sincerely, then we hope that Allaah will accept your repentance and forgive
your sin, because Allaah says (interpretation of the meaning):
“And those who invoke
not any other ilâh (god) along with Allaah, nor kill such person as Allaah
has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic
Monotheism), and do righteous deeds; for those, Allaah will change their
sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
And it was narrated from ‘Ubaadah ibn al-Saamit (may Allaah
be pleased with him), in the hadeeth about the women’s oath of allegiance,
that the Prophet (peace and blessings of Allaah be upon him) said:
“Whoever among you is faithful (to this pledge) his reward will be with
Allaah, and whoever does any of these things and is punished, his punishment
will be an expiation for him, and whoever does any of these things but
Allaah conceals him, then it is up to Allaah: if He wills He will punish him
and if He wills He will forgive him.”
But you have to flee from
this corrupt environment that tempts you to sin and seek to earn a living in
another country that is less evil, so as to protect your religious
commitment. The earth of Allaah is spacious and no one will ever be without
a land where he can earn a living and acquire the provision that Allaah has
decreed for him. And whoever fears Allaah, He will make a way for him to get
out (from every difficulty) And He will provide him from (sources) he never
could imagine. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/14528/he-has-repented-from-zina-does-the-hadd-punishment-have-to-be-carried-out-on-him | 177 | 14,528 |
632 | Is there any expiation for having intercourse with a woman in her back passage? | Question
Is there any expiation for having intercourse with one’s wife in her back passage?. | Praise be to Allah.Firstly:
It is haram to have intercourse with one’s wife in her back passage, and the Prophet (peace and blessings of Allah be upon him) said that the one who does that is cursed.
We have quoted the evidence from the Quran and Sunnah to show that it is haram, as well as describing some of the evil consequences of that, in the answer to question no. 1103 and 6792.
Islam has not stipulated any expiation for this action, so there is no expiation for it apart from repentance and regret, and turning back to Allah.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked: What is the ruling on having intercourse with a woman in her back passage? Is there any expiation required of the one who does that?
He replied:
Having intercourse with a woman in her back passage is a major sin and is one of the most heinous acts of disobedience, because it was narrated that the Prophet (peace and blessings of Allah be upon him) said: “Cursed is the one who has intercourse with his wife in her back passage.” Narrated by Abu Dawood, 2162; classed as hasan by al-Albaani in Saheeh Abi Dawood.
And he (peace and blessings of Allah be upon him) said: “Allah will not look at a man who had intercourse with a man or a woman in the back passage.” Narrated by al-Tirmidhi, 1166; classed as hasan by al-Albaani in Saheeh al-Tirmidhi.
What the one who has done that must do is hasten to repent sincerely, which means giving up the sin and abstaining from it out of respect for Allah and out of fear of His punishment, regretting what he has done of that and sincerely resolving never to go back to it, as well as striving to do righteous deeds. Whoever repents sincerely, Allah will accept his repentance and forgive his sins, as Allah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
“And those who invoke not any other ilaah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
There is no expiation required of one who has anal intercourse, according to the more correct of the two scholarly opinions, and his wife does not become haram to him because of that, rather she remains his wife. But she does not have to obey him in this grave evil; rather she is obliged to refuse, and to demand a annulment of her marriage to him if he does not repent. We ask Allah to keep us safe and sound from that.
From Fataawa Islamiyyah, 3/256
Al-Bayhaqi (may Allah have mercy on him) said:
If he does that (i.e., has intercourse with her in the back passage), then he should be punished (i.e., the judge or ruler should mete out a punishment that will deter him and others like him), because he has committed a sin for which there is no stipulated hadd punishment or expiation.
Kashshaaf al-Qinaa’, 5/190
So he clearly stated that it is a sin, but no expiation is required.
See Ansa al-Mataalib, 4/162; Mughni al-Muhtaaj, 5/624
Secondly:
Many people make the mistake of thinking that because there is no expiation stipulated for a particular sin that it is an insignificant matter and is a minor sin. This way of thinking is not correct. Rather if one were to say that Allah has not stipulated any expiation for anal intercourse because it is too serious to be expiated by any expiation, that would not be farfetched. As Imam Maalik says concerning swearing a false oath (al-yameen al-ghamoos): it is too serious to be expiated by any expiation.
Al-Taaj wa’l-Ikleel, 4/406; see also al-Mudawwanah, 1/577
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/52803/is-there-any-expiation-for-having-intercourse-with-a-woman-in-her-back-passage | 177 | 52,803 |
633 | Punishment for Rape in Islam | Question
What is the ruling on the crime of rape in Islam? | Praise be to Allah.What is rape?
The Arabic word ightisab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).
Rape is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded. The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.
Rape in Islam
Islam has a clear stance which states that rape is haram and imposes a deterrent punishment on the one who commits it.
Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch in the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.
The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man.
Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement!
In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?
Punishment for rape in Islam
The punishment for rape in Islam is same as the punishment for zina , which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Some scholars also say that he is required to pay a mahr to the woman.
Imam Malik (may Allah have mercy on him) said:
“In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case.” (Al-Muwatta, 2/734)
Shaykh Salman al-Baji (may Allah have mercy on him) said:
“In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shafi’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Talib (may Allah be pleased with him).
Abu Hanifah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”. `
The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods.” (Al-Muntaha Sharh al-Muwatta’, 5/268, 269)
Ibn ‘Abd al-Barr (may Allah have mercy on him) said:
“The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help.” (Al-Istidhkaar, 7/146)
Secondly: Rape at knife-point or gun-point
The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allah says (interpretation of the meaning):
“The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.” [al-Maaidah 5:33]
So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.
See also question no. 41682
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/72338/punishment-for-rape-in-islam | 177 | 72,338 |
634 | The zina which incurs the hadd punishment | Question
I read on a fatwa site about a young man who engaged in all kinds of sexual actions with a girl apart from penetration. What is the ruling on this in Islam? Is he subject to the hadd punishment for zina? Is he regarded as having committed zina with her? If he marries her, will that be regarded as expiation for him? What does he have to do in order to repent? The reply on that site, or as I understood it, was that he is regarded as a zaani (fornicator, adulterer) because the one who approaches a haram deed is like the one who does it. | Praise be to Allah.Firstly:
In the case of zina, the hadd punishment is conditional upon penetration, which means that the head of the penis disappears into the vagina. If it does not penetrate it or only part of it penetrates it, then he is not subject to the hadd punishment.
It says in al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the hadd punishment for zina on which the fuqaha’ are agreed: There is no difference of opinion among the fuqaha’ that in order for the hadd punishment to be incurred, the head of the penis has to disappear into the vagina. If it does not enter it at all or only part of it enters, then there is no hadd punishment because that is not intercourse. There is no stipulation that ejaculation must take place or that the penis must be erect at the time of penetration. The hadd punishment must be carried out whether he ejaculated or not, and whether his penis was erect or not. End quote.
Secondly:
The things that lead to zina such as touching, kissing, and rubbing the private parts together without penetrating do not come under the ruling on zina, and the one who does them is not subject to the hadd punishment, rather he is to be punished and disciplined because he has done something that is haram and plainly evil, and because these actions may lead him to commit true zina. Islam calls these actions zina, as in the hadeeth which was narrated by al-Bukhari (6243) and Muslim (2657) from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings of Allah be upon him) who said: “Allah has decreed for the son of Adam his share of zina which will inevitably catch up with him. The zina of the eye is looking and the zina of the tongue is speaking. The heart wishes and longs and the private part confirms that or denies it.”
Ibn Battaal (may Allah have mercy on him) said: Looking and speaking are called zina because they invite one to true zina. Hence he said: “the private part confirms that or denies it.” End quote from Fath al-Baari.
See also question no. 81995.
Thirdly:
The one who has done such actions must repent to Allah sincerely, by giving it up, regretting what he has done, resolving not to go back to it, and avoiding the causes and things that lead to that such as being alone with a woman, looking and shaking hands.
As for marrying that girl, if she is chaste and did not commit zina, or she did that but then repented to Allah, then there is nothing wrong with marrying her. We do not find any evidence to suggest that this marriage will expiate this sin. Rather what will expiate it is repenting to Allah and mending one's ways. Allah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
Fourthly:
It is not correct to say that approaching a haram deed is like doing it. Rather this is subject to further discussion.
If a person thinks of doing an evil deed then refrains from it, he will be rewarded, as it says in the hadeeth narrated from Ibn ‘Abbaas (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said, relating from his Lord, may He be glorified and exalted: “Allah decreed good deeds and bad deeds, then He explained that. Whoever thinks of doing a good deed then does not do it, Allah will write it down as one complete good deed. If he thinks of doing a good deed and then does it, Allah [may He be glorified and exalted] will write it down between ten and seven hundred fold, or many more. If he thinks of doing a bad deed then he does not do it, Allah will write it down as one complete good deed, and if he thinks of it then does it, Allah will write it down as one bad deed.”
Narrated by al-Bukhari (6491), Muslim (131)
If he thinks of doing an evil deed and resolves to do it, and starts to do it, or tries to do it, but is not able to complete it due to external factors, then he is sinning and is not rewarded, as is indicated by the hadeeth: “If two Muslims confront one another with their swords then the killer and the victim will be in Hell.” I said: “O Messenger of Allah, the killer’s (case is clear), but what about the one who is killed?” He said: “He was keen to kill his companion.” Narrated by al-Bukhari (31), Muslim (2888).
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: This hadeeth gives the answer to the question of whether a person will be accountable for what he intends to do. Some people say he will be accountable for it if his intention reached the level of resolve. Some say that he is not accountable. The answer is that if the intention reaches the level of resolve, then it must be accompanied by some words or deeds (in order for a person to be accountable for his intention). End quote.
Those who said that he would be accountable for his intention quoted as evidence the words of the Prophet (peace and blessings of Allah be upon him), “If two Muslims confront one another with their swords then the killer and the victim will be in Hell.” But this is not evidence that one will be accountable merely for thinking of it, for he said that about two men who each fought with the intention of killing the other, but this is not merely resolve, rather this is resolve accompanied by action, but he was unable to complete his goal. This person will be accountable according to the consensus of the Muslims. If a person strives to drink alcohol and tries by his words and deeds to do that but fails, he is a sinner according to the consensus of the Muslims. He is like one who drinks even if he does not drink. Similarly if a person strives to commit zina or steal and so on, in his words and deeds, but fails to do it, then he is a sinner like the one who does it. The same applies to murder, and so on. End quote from Majmoo’ al-Fatawa (14/122).
This applies if the sin is committed and incurs punishment in the Hereafter. As for the punishment that results from committing sins in this world, such as the hadd punishment for zina, he is not to be punished in this manner except if he commits true zina, not if he tries to commit zina but fails.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/76052/the-zina-which-incurs-the-hadd-punishment | 177 | 76,052 |
635 | When should the hadd punishment for zina be carried out on a man? | Question
When does a person deserve the hadd punishment for zina? Is it due when the two circumcised parts meet? Is it when there is sexual intimacy without penetration, i.e., when the man emits semen outside the vagina as some people do when they do not want a pregnancy to occur, or is it only incurred when full intercourse takes place?. | Praise be to Allah.The hadd
punishment for zina is incurred when the head of the penis enters the
vagina. In that case the two circumcised parts have met, i.e., the site of
the man’s circumcision and the site of circumcision in the female. If
penetration takes place, then this is the zina which incurs the hadd
punishment, whether the man ejaculates or not, or if he penetrates to this
extent then ejaculates outside, and whether his penis is erect or not.
It says in
al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the
hadd punishment for zina on which the fuqaha’ are agreed: There is no
difference of opinion among the fuqaha’ that in order for the hadd
punishment to be incurred, the head of the penis has to disappear into the
vagina. If it does not enter it at all or only part of it enters, then there
is no hadd punishment because that is not intercourse. There is no
stipulation that ejaculation must take place or that the penis must be erect
at the time of penetration. The hadd punishment must be carried out whether
he ejaculated or not, and whether his penis was erect or not. End quote.
Secondly:
This does
not mean that a person may be negligent about committing haraam actions so
long as they do not reach the level of zina! Rather the intention here is
simply to define the zina that incurs the hadd punishment. Being alone with
a non-mahram woman, touching her or kissing her are all undoubtedly haraam,
and the Muslim must avoid such actions for fear of the punishment of Allaah
sooner or later, in this world or in the Hereafter.
We ask
Allaah to guide us and make us pious and chaste.
And Allaah
knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/76060/when-should-the-hadd-punishment-for-zina-be-carried-out-on-a-man | 177 | 76,060 |
636 | He does not pray and he lives with his girlfriend; he wants to repent and marry her | Question
There is a French Muslim man who does not pray or fast, and he lives with his Christian girlfriend. He wants to repent and fast, but he is using the fact that this woman is living with him as an excuse. Is it permissible for him to marry her now, knowing that tomorrow is the first day of Ramadaan? If that is permissible, then what is the prescribed shar’i procedure for that?. | Praise be to Allah.This person and others should note that not praying is kufr which puts a person beyond the pale of Islam. Islam does not accept for any of its followers not to pray or fast and to live with a girlfriend.
What you have to do is to advise him and explain to him what Islam really is, which is submitting to the rulings of sharee’ah. The Muslim should be an example to others, especially in that (non-Muslim) country, for he is not representing himself only, rather he is representing Islam which he has embraced and committed himself to. So he has to give up the sin that he is committing and adhere to the rulings of sharee’ah, especially prayer which is the thing that distinguishes between Islam and kufr.
Secondly:
We are very happy to learn that he wants to repent, so what is stopping him from repenting? Allaah rejoices over the repentance of His believing slave. When a person turns to Allaah, Allaah turns to him and forgives his sin. So he should hasten to repent and not delay it or make it conditional upon certain things happening, lest he dies without having repented and he meets his Lord with a burden of sin and may even meet Him in state of kufr.
Tell him that Allaah turns bad deeds into good deeds for the one who repents. Allaah says (interpretation of the meaning):
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:70]
So he must hasten to repent by giving up all that he is doing that incurs the wrath of Allaah, namely not praying and living with his girlfriend.
See the answers to questions no. 624, 13990, 34905, 22912.
Thirdly:
If he repents to Allaah, he should note that it is not permissible for him to marry that girlfriend, not because she is Christian, but because she is a zaaniyah (fornicatress) – according to what he has said. One of the conditions of marrying a woman of the People of the Book (i.e., a Jewish or Christian woman) is that she should be chaste, not a fornicatress or a woman who has a lover or boyfriend. Allaah says (interpretation of the meaning):
“Made lawful to you this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girlfriends”
[al-Maa’idah 5:5]
Allaah has stipulated that in order to marry them, they must be chaste. It is not permissible for a Muslim to marry a woman of the people of the Book who is not chaste. Even if a woman is a Muslim but she is not chaste, it is not permissible for a chaste Muslim man to marry her. Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik. Such a thing is forbidden to the believers (of Islamic Monotheism)”
[al-Nur 24:3]
For more details on this issue, please see the answer to question no. 11195 and 2527.
If he wants to marry her, that can only happen after he repents and comes back to Islam by starting to pray, and after they both repent from zina (fornication).
This applies if he wants to marry her.
The duty of being sincere (naseehah) compels us to tell him of the best way we know of setting straight both his religious and worldly affairs, which is that he should repent to Allaah sincerely, and hasten to leave this woman without any hesitation or delay, and look for another woman who is a chaste, believing Muslim. If he repents to Allaah, he will need someone who understands her religion and will stand by him and encourage him to obey the Most Merciful after this deviation. As for that woman, even if she repents from fornication she will never be able to help him to obey Allaah and she will never be trustworthy with regard to his household, his wealth and his honour, and she will never be fit to raise his sons and daughters. We mean nothing but good by offering this sincere advice. Let him use his mind and avoid being emotional, then he will know that this is right.
If he looks around him, he will see other Muslims who have married non-Muslim women, and how bad their situations are, and how they regret it and wish that they had not married non-Muslim woman.
See also the answer to questions no. 20227 and 45645.
And Allaah is the Source of strength. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/50508/he-does-not-pray-and-he-lives-with-his-girlfriend-he-wants-to-repent-and-marry-her | 177 | 50,508 |
637 | The Punishment For Homosexuality | Question
What is the punishment for homosexuality? Is there any differentiation between the one who does it and the one to whom it is done? | Praise be to Allah.Homosexuality is a grave sin in Islam
The crime of homosexuality is one of the greatest of crimes, the worst of sins and the most abhorrent of deeds, and Allah punished those who did it in a way that He did not punish other nations. It is indicative of violation of the fitrah, total misguidance, weak intellect and lack of religious commitment, and it is a sign of doom and deprivation of the mercy of Allah. We ask Allah to keep us safe and sound.
Allah says (interpretation of the meaning):
“And (remember) Lut (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Alamin (mankind and jinn)? ’Verily, you practice your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins).’ And the answer of his people was only that they said: ‘Drive them out of your town, these are indeed men who want to be pure (from sins)!’ Then We saved him and his family, except his wife; she was of those who remained behind (in the torment). And We rained down on them a rain (of stones). Then see what was the end of the Mujrimun (criminals, polytheists and sinners)” [al-A’raf 7:80-84]
“Verily, by your life (O Muhammad), in their wild intoxication, they were wandering blindly. So As-Saihah (torment — awful cry) overtook them at the time of sunrise. And We turned (the towns of Sodom in Palestine) upside down and rained down on them stones of baked clay. Surely, in this are signs for those who see (or understand or learn the lessons from the Signs of Allah). And verily, they (the cities) were right on the highroad (from Makkah to Syria, i.e. the place where the Dead Sea is now).” [al-Hijr 15:72-76]
Al-Tirmidhi (1456), Abu Dawud (4462) and Ibn Majah (2561) narrated that Ibn `Abbas (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “Whoever you find doing the action of the people of Lut, execute the one who does it and the one to whom it is done.” (Classed as sahih by al-Albani in Sahih al-Tirmidhi)
Ahmad (2915) narrated from Ibn `Abbas (may Allah be pleased with him) that the Prophet of Allah (peace and blessings of Allah be upon him) said: “May Allah curse the one who does the action of the people of Lut, may Allah curse the one who does the action of the people of Lut,” three times. This was classed as hasan by Shu’ayb al-Arnaut in Tahqiq al-Musnad.
Punishment for homosexuality in Islam
The Companions unanimously agreed on the execution of homosexuals , but they differed as to how they were to be executed. Some of them were of the view that they should be burned with fire, which was the view of ‘Ali (may Allah be pleased with him) and also of Abu Bakr (may Allah be pleased with him), as we shall see below. And some of them thought that they should be thrown down from a high place then have stones thrown at them. This was the view of Ibn 'Abbas (may Allah be pleased with him).
Some of them thought that they should be stoned to death, which was narrated from both ‘Ali and Ibn ‘Abbas (may Allah be pleased with them).
After the Companions, the jurists differed concerning the matter. Some of them said that the homosexual should be executed no matter what his situation, whether he is married or not.
Some of them said that he should be punished in the same way as an adulterer, so he should be stoned if he is married and flogged if he is not married.
Some of them said that a severe punishment should be carried out on him, as the judge sees fit.
Ibn al-Qayyim (may Allah be pleased with him) discussed this issue at length, and he mentioned the evidence and arguments of the jurists, but he supported the first view. This is explained in his book al-Jawab al-Kafi li man sa-ala ‘an al-Dawa’ al-Shafi, which he wrote to deal with this immoral action. We will quote some of what he said:
“Because the evil consequences of homosexuality are among the worst of evil consequences, so its punishment is one of the most severe of punishments in this world and in the Hereafter.
The scholars differed as to whether it is to be punished more severely than zina, or whether the punishment for zina should be more severe, or whether the punishments should be the same. There are three points of view:
Abu Bakr al-Siddiq, ‘Ali ibn Abi Talib, Khalid ibn al-Walid, ‘Abd-Allah ibn al-Zubayr, ‘Abd-Allah ibn ‘Abbas, Malik, Ishaq ibn Rahawayh, Imam Ahmad according to the more sound of the two reports from him and al-Shafi’i according to one of his opinions, were of the view that the punishment for homosexuality should be more severe than the punishment for zina, and the punishment is execution in all cases, whether the person is married or not.
Al-Shafi`i, according to the well-known view of his madhhab, and Imam Ahmad according to the other report narrated from him, were of the view that the punishment for the homosexual should be the same as the punishment for the adulterer.
Imam Abu Hanifah was of the view that the punishment for the homosexual should be less severe than the punishment for the adulterer, and it is a punishment to be determined by the judge (ta’zir).
Those who favoured the first view, who are the majority of the ummah – and more than one scholar narrated that there was consensus among the Companions on this point – said that there is no sin that brings worse consequences than homosexuality, and they are second only to the evil consequences of kufr, and they may be worse than the consequences of murder, as we shall see below in sha Allah.
They said: Allah did not test anyone with this major sin before the people of Lut, and He punished them with a punishment that He did not send upon any other nation; He combined all kinds of punishment for them, such as destruction, turning their houses upside down, causing them to be swallowed up by the earth, sending stones down upon them from the sky, taking away their sight, punishing them and making their punishment ongoing, and wreaking vengeance upon them such as was not wrought upon any other nation. That was because of the greatness of the evil consequences of this crime which the earth can hardly bear if it is committed upon it, and the angels flee to the farthest reaches of heaven and earth if they witness it, lest the punishment be sent upon those who do it and they be stricken along with them. The earth cries out to its Lord, may He be blessed and exalted, and the mountains almost shift from their places.
Killing the one to whom it is done is better for him than committing this act with him, because if a man commits sodomy with another man, in effect he kills him in such a way that there is no hope of life after that, unlike murder where the victim is wronged and is a martyr. They said: the evidence for that (i.e., that the evil consequences of homosexuality are worse than those of murder) is the fact that in the case of murder, Allah gives the next of kin the choice: if he wishes he may have him executed and if he wishes he may let him off, but He enjoined executing the homosexual as a hadd punishment, as the Companions of the Messenger of Allah were unanimously agreed, and as is clearly indicated by the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him) and there is no evidence to the contrary; rather this is what his Companions and the Rightly-Guided Caliphs (may Allah be pleased with them all) did.
It is narrated from Khalid ibn al-Walid that he found a man among one of the Arab tribes with whom men would have intercourse as with a woman. He wrote to Abu Bakr al-Siddiq (may Allah be pleased with him) and Abu Bakr al-Siddiq consulted the Companions (may Allah be pleased with them). ‘Ali ibn Abi Talib had the strongest opinion of all of them, and he said: “No one did that but one of the nations, and you know what Allah did to them. I think that he should be burned with fire.” So Abu Bakr wrote to Khalid and he had him burned.
‘Abd-Allah ibn ‘Abbas said: The highest point in the town should be found and the homosexual should be thrown head first from it, then stones should be thrown at him.
Ibn 'Abbas derived this hadd punishment from the punishment that Allah sent upon the homosexuals of the people of Lut.
Ibn 'Abbas is the one who narrated from the Prophet (peace and blessings of Allah be upon him) the words: “Whoever you find doing the action of the people of Lut, execute the one who does it and the one to whom it is done.” This was narrated by the authors of al-Sunan and was classed as sahih by Ibn Hibban and others. Imam Ahmad quoted this hadith as evidence, and its isnad meets the conditions of al-Bukhari.
They said: and it is narrated that he said: “May Allah curse the one who does the action of the people of Lut, may Allah curse the one who does the action of the people of Lut, may Allah curse the one who does the action of the people of Lut,” and it is not narrated that he cursed the adulterer three times in one hadith. He cursed those who do a variety of major sins, but he did not curse any of them more than once, but he repeated the curse for the homosexual three times. The Companions of the Messenger of Allah (peace and blessings of Allah be upon him) agreed unanimously that the homosexual is to be executed, and none of them differed concerning that. Rather they differed as to the method of execution. Some people thought that this difference meant that they disagreed about executing him, so they narrated it as a matter concerning which the Companions differed, but it is a matter concerning which there was consensus among them, not a matter of difference.
And they said: Whoever ponders the words of Allah (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Fahishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to hell unless Allah Forgives him) .” [al-Isra 17:32] and what He says about homosexuality (interpretation of the meaning):
“And (remember) Lut (Lot), when he said to his people: Do you commit the worst sin such as none preceding you has committed in the ‘Alamin (mankind and jinn)?.” [al-A’raf 7:80] will see the difference between them. When Allah mentioned zina, He described it as a “great sin” (fahishah – indefinite) among other great sins, but when He mentioned homosexuality, He called it “the worst sin” (al-fahishah – definite). This suggests that it contains all the essence of evil and sin.” (Al-Jawab al-Kafi (p. 260-263)
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
“With regard to homosexuality, some of the scholars said that the punishment for it is the same as the punishment for zina, and it was said that it is less than that. But the correct view on which the Companions were unanimously agreed is that both are to be killed, the active and the passive partners, whether they are married or not.
The authors of al-Sunan narrated from Ibn 'Abbas (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Whoever you find doing the action of the people of Lut, execute the one who does it and the one to whom it is done.” And Abu Dawud narrated from Ibn 'Abbas concerning the unmarried person who commits a homosexual act that he said: He is to be stoned. And something similar was narrated from ‘Ali ibn Abi Talib (may Allah be pleased with him). The Companions did not differ concerning the ruling that the homosexual is to be executed, but they differed concerning the methods. It was narrated from Abu Bakr al-Siddiq (may Allah be pleased with him) that he is to be burned, and from others that he is to be executed.
It was narrated from some of them that a wall is to be knocked down on top of him until he dies beneath it.
And it is said that both should be detained in the foulest of places until they die.
It was narrated from some of them that he should be taken up to the highest place in the town and thrown down from it, to be followed with stones, as Allah did to the people of Lut. This was narrated from Ibn 'Abbas. According to the other report, he is to be stoned. This was the view of the majority of the salaf. They said: because Allah stoned the people of Lut, and stoning is prescribed for the zani by analogy with the stoning of the homosexual. Both are to be stoned, whether they are free or slaves, or one of them is the slave of the other, if they have reached the age of puberty. If one of them has not reached the age of puberty, he is to be punished but not stoned, and none is to be stoned except one who has reached puberty.”(Al-Siyasah al-Shar’iyyah, p. 138)
Punishment for homosexuality in Islam: The Same for both partners?
The one to whom it is done is like the one who does it, because they both took part in the sin. So both are to be punished by execution, as it says in the hadith. But two exceptions may be made to that:
One who is forced into sodomy by means of beating, death threats and the like. He is not subject to any punishment.
It says in Sharh Muntaha al-Iradat (3/348): “There is no hadd punishment if the one who has been sodomized is forced into it, such as if the one who did it overpowered him or threatened him with death or beating and the like.”
If the one to whom it was done is a minor and has not reached the age of puberty. There is no hadd punishment in this case, but he should be disciplined and punished in a way that will deter him from committing this crime, as stated above in the quotation from Shaykh al-Islam Ibn Taymiyah.
Ibn Qudamah (may Allah have mercy on him) narrated in al-Mughni (9/62) that there is no difference of opinion among the scholars concerning the fact that the hadd punishment should not be carried out on one who is insane or a boy who has not yet reached the age of puberty.
For more, please see these answers: 21058 , 35 , and 27176 .
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/38622/the-punishment-for-homosexuality | 177 | 38,622 |
638 | The reason why the one to whom a homosexual act is done is to be executed | Question
Why is the one to whom a homosexual act is done to be executed like the one who does it?. | Praise be to Allah.Al-Tirmidhi
(1456), Abu Dawood (4462) and Ibn Maajah (2561) narrated that Ibn ‘Abbaas
(may Allaah be pleased with him) said: The Messenger of Allaah (peace
and blessings of Allaah be upon him) said: “Whoever you find doing the
action of the people of Loot, execute the one who does it and the one to
whom it is done.” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
The Sahaabah
were unanimously agreed on the executing of homosexuals, but they differed
as to how they were to be executed.
Some of
them, such as Abu Bakr al-Siddeeq and ‘Ali ibn Abi Taalib (may Allaah be
pleased with them) thought that they should be burned to death. Some of
them, such as Ibn ‘Abbaas (may Allaah be pleased with him) thought that they
should be thrown from a tall building followed by stoning. Some of them
thought that they should be stoned to death, which was narrated from both
‘Ali and Ibn ‘Abbaas (may Allaah be pleased with them).
See:
al-Mughni (9/58).
The reason
why the one to whom such an act is done should also be executed is because
he is a partner in the sin, because this sin can only be committed if both
parties take part, so it is only just to carry out the punishment on both of
them. Similarly in the case of zina (adultery), the punishment is carried
out on both the man and the woman. Moreover there is nothing good to be
gained from letting the one to whom it has been done remain alive, because
of the great evil that has befallen him and because of the great evil that
may result from his presence.
It says in
Mataalib Ooli al-Nuha (6/174): Even though adultery and homosexuality
are both immoral deeds and are both evils that go against the wisdom of
Allaah in His creation and His command, in homosexuality there are
innumerable evils and it is better for the one to whom it was done to be
executed than to let him repeat that evil action, because he has been
corrupted in such a way that there is no hope of reform for him, and there
is no goodness left in him, and after that he will not feel shy before
Allaah or before His creation. The sperm of the one who did that will affect
his heart and soul as poison affects the body, and he does not deserve to be
guided to anything good, and every time he tries to do something good,
something will happen to spoil his good deed, as a punishment to him. Hardly
ever do you see one who was like that in his youth but he is the worst he
can be when he grows old. He does not gain any beneficial knowledge or do
any righteous deeds, or repent sincerely, in most cases. Once this is
established, the evil consequences of homosexuality are among the worst of
evil consequences, so its punishment is one of the most severe of
punishments in this world and in the Hereafter.
The
companions of the Messenger of Allaah (peace and blessings of Allaah be
upon him) agreed unanimously that the homosexual is to be executed, and none
of them differed concerning that. Rather they differed as to the method of
execution. Some people thought that this difference means that they
disagreed about executing him, so they narrated it as a matter concerning
which the Sahaabah differed, but it is a matter concerning which there was
consensus among them, not a matter of difference. End quote.
The source
for this was Ibn al-Qayyim (may Allaah have mercy on him), who mentioned it
in al-Jawaab al-Kaafi li man sa’ala ‘an al-Dawa’ al-Shaafi.
But if the
one to whom it was done was forced, then he is not to be punished, because
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 Maajah (2045); classed as saheeh by
al-Albaani in Saheeh Ibn Maajah.
See also the
answer to question no. 38622
for more information.
And Allaah knows
best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/84140/the-reason-why-the-one-to-whom-a-homosexual-act-is-done-is-to-be-executed | 177 | 84,140 |
639 | They called upon the angels to witness their marriage | Question
I am a female student living on my ownaway from my family.... i became friendz with one of my colleges last yr .he was ill those days and even had some more problemsin whichhe definitelyneededsomeoneto rely on and few words of strenght.i became thatsupport for him that time.I thought it is nice to help people.....Alllah would reward me for that .But after amonthor sdo we became very good friendzand later got much involved in each other.till now we never touched each other..... once we were playing,i dont remember what happened that day ....he leaned on me and kissed me .both of us being muslims felt guityand at our own placdfes asked forgiveness from allah ...and i dont remember how the same thing happened once moreand we decided to marry...As we were students and due to some economical and social problems we were not able to do it properly and disclose it .....Moreover we nthought its allah who knows everything and we should be clear infront of him. one night after offering salat of isha and two rakaa' of nafilahwe started searching for verses and rules and regulations of marriage in quran.We found some lines but not exact what we wanted that time ....Any how we read few verses from it and sweared holding quran in our hands that we consider each other as our spouse.and would never betray each other ...and thought Angels wouild be our witnesses. and therefore we thought we are married..and kissing and holding each other never haunted us...and we never felt guilt... after 3 months or so ,as we thought we are married many times we shared bed. This yr (after11/12 months),i was reading some questions on this site on divorce and marriage ...(i used this site earlier but never used it for this topic as i never thought i did wrong ...)and there i foundcertain questionslike this but not exactly...there arouse a doubt in my mind that i am practicing wrong thingsso i spoke to him and we stopped practicing it .... sir,we want to know ,whether this marriage is considered or not ...? have we done "zinna"and whether we will be punished for it even if we repent... And sir,if we want to marry in futurecan we marry(if our marriage is not considered)? . | Praise be to Allah.What
happened between that man and that woman – based on what is mentioned in the
question – is undoubtedly zina. Where was the woman’s wali (guardian) in
this marriage? It is strange that the angels were witnesses to this marriage
but they did not see those witnesses.
What you
have to do is repent to Allaah from what you have done, and realize that you
have committed a major sin. The Prophet (peace and blessings of Allaah
be upon him) said: “No adulterer is a believer at the time when he is
committing adultery.” Narrated by al-Bukhaari (2343) and Muslim (57). For
more information please see question no.
11195 and
21223.
If a person
repents, Allaah rejoices at his repentance and accepts it and forgives him,
as Allaah says (interpretation of the meaning):
“And
those who invoke not any other ilaah (god) along with Allaah, nor kill such
person as Allaah has forbidden, except for just cause, nor commit illegal
sexual intercourse
and whoever does this shall receive the punishment.
69. The
torment will be doubled to him on the Day of Resurrection, and he will abide
therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do
righteous deeds; for those, Allaah will change their sins into good deeds,
and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
See also
questions no. 27113,
624 and
20949.
They have to
cut off all ties with one another, so as to close the door to temptation and
desire. If they want to have a good, legitimate relationship, then they
should enter houses by the proper doors, as Allaah has prescribed, and they
have to fear Allaah and be patient in heeding His sacred limits. A person
may be able to put up with the pain of separation but he will not be able to
put up with the heat of the Fire. So let them keep away from one another, so
that they will not fall into doing that which will earn the wrath and
punishment of Allaah, or let them hasten to get married in the proper
Islamic manner, after repenting from what they have fallen into of zina. And
Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/44978/they-called-upon-the-angels-to-witness-their-marriage | 177 | 44,978 |
640 | Ruling on referring to tribal customs for judgement | Question
When a man commits zina with a woman, the tribe offers compensation to the girl’s family in the form of a payment, the amount of which is determined by tribal custom. It may be noted that the tribe helps the man to pay this money. What is the ruling on helping to pay this money if one belongs to the tribe of the one who did it? What is the ruling on taking this money if one belongs to the tribe of the girl? Please note that this town is ruled by a Christian and he does not rule it in accordance with that which Allaah has revealed (sharee’ah), hence the tribes resorted to tribal laws, which also involve ruling by something other than that which Allaah has revealed. | Praise be to Allah.Firstly:
With regard
to this financial compensation, there may be two scenarios:
1 – When it
is paid only where a woman is forced into zina (rape), where the rapist is
made to pay the mahr to his victim, or to pay the mahr along with
compensation for loss of virginity – if she was a virgin – according to
those who say that this is required. The compensation for loss of virginity
is the difference between the mahr of a virgin and the mahr of one who was
previously married.
This money
must be paid by the rapist, and the hadd punishment must be carried out on
him, and it must be given to the victim if it is proven that she was forced
into it.
If that is
the case, then there is no problem with it, rather this is the ruling of
sharee’ah even if it is in accordance with customs.
If we assume
that they are unable to carry out the hadd punishment, but they can force
the rapist to pay the mahr to his victim, then this is acceptable, because
if it is not possible to do everything, we should do as much as we can do.
Allaah says (interpretation of the meaning):
“So keep
your duty to Allaah and fear Him as much as you can”
[al-Taghaabun 64:16]
With regard
to obliging the tribe to pay the mahr or help in doing so, there is no basis
for that. Rather it must be paid from the wealth of the rapist, as stated
above. Helping him to pay it means letting the rapist off lightly and
encouraging rape. We will discuss the difference between the mahr and the
compensation (for loss of virginity) below.
2 – If that
is the procedure that is followed in all cases of zina, with no distinction
between cases where the woman is forced into it (rape) and cases where she
did it willingly, and the tribe is obliged to help the zaani pay this
compensation, and that is regarded as a general ruling that all the tribes
refer to, this is like a system of prostitution. The Prophet (peace and
blessings of Allaah be upon him) said:
“The price
of a dog is evil, and the earnings of a prostitute are evil and the earnings
of a cupper are evil.” Narrated by Muslim (1568).
And he said:
“The price of a dog, the fee of a soothsayer and the earnings of a
prostitute are not permissible.” Narrated by al-Nasaa’i (4293).
It is
obvious that this tribal law, which is known as saloom, is the ruling
of Jaahiliyyah which is it is not permissible to judge by or to refer to for
judgement, or to help with, because Allaah says (interpretation of the
meaning):
“And so
judge (you O Muhammad) among them by what Allaah has revealed and follow not
their vain desires, but beware of them lest they turn you (O Muhammad) far
away from some of that which Allaah has sent down to you. And if they turn
away, then know that Allaah’s Will is to punish them for some sins of
theirs. And truly, most of men are Faasiqoon (rebellious and disobedient to
Allaah).
50. Do
they then seek the judgement of (the days of) Ignorance? And who is better
in judgement than Allaah for a people who have firm Faith”
[al-Maa'idah 5:49, 50]
“And
whosoever does not judge by what Allaah has revealed, such are the Kaafiroon
(i.e. disbelievers — of a lesser degree as they do not act on Allaah’s
Laws)”
[al-Maa’idah 5:44]
“Have you
not seen those (hypocrites) who claim that they believe in that which has
been sent down to you, and that which was sent down before you, and they
wish to go for judgement (in their disputes) to the Taaghoot (false judges)
while they have been ordered to reject them. But Shaytaan (Satan) wishes to
lead them far astray”
[al-Nisa’
4:60]
“But no,
by your Lord, they can have no Faith, until they make you (O Muhammad) judge
in all disputes between them, and find in themselves no resistance against
your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]
And there
are other verses which indicate that it is obligatory to refer for judgement
to the laws of Allaah and to reject the rulings of Jaahiliyyah that go
against them. Allaah has decreed and prescribed that the zaani should be
flogged if he is a virgin and stoned if he is a non-virgin, and this applies
to both men and women. Every ruling that goes against this is a ruling of
jaahiliyyah, which must be rejected and we must strive to abolish it.
The scholars
stated that referring to Bedouin laws and tribal customs that go against
sharee’ah is kufr.
Shaykh
Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: The sixth (type
of major kufr with regard to referring to laws for judgement) is the law by
which many of the heads of Bedouin clans and tribes rule, based on the
sayings of their forefathers and their customs which they call their
saloom, which they inherited from them and they judge by it and refer to
it for judgement in the event of disputes, based on the rulings of
Jaahiliyyah or turning away from the rulings of Allaah and His Messenger.
There is no power and no strength except with Allaah. End quote from the
essay, Tahkeem al-Qawaaneen.
Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him) said in an essay entitled
“The ruling on referring for judgement to tribal customs and traditions”:
From ‘Abd
al-‘Azeez ibn Baaz to whoever among the Muslims reads it: may Allaah help me
and them to find out the truth and follow it.
Peace be
upon you and the mercy of Allaah and His blessings…
The reason
for this is to answer some questions that have been asked by one of our
sincere brothers in the Kingdom. He says that in his tribe, and in some
other tribes, there are bad tribal customs for which Allaah has not sent
down any authority, such as not referring for judgement to the Book of
Allaah and the Sunnah of His Prophet (peace and blessings of Allaah be
upon him), and turning instead to tribal customs and ignorant traditions.
One of these
is the concealment of testimony and not bearing witness out of tribal
loyalty, or bearing false witness out of tribal loyalty also. And there are
other reasons that may lead some people to go against sharee’ah.
Because of
our duty to be sincere towards Allaah and His slaves, I say – and Allaah is
the source of strength:
The Muslims
are obliged to refer for judgement to the Book of Allaah and the Sunnah of
His Prophet (peace and blessings of Allaah be upon him) in all things,
and not to man-made laws or tribal customs. Allaah says (interpretation of
the meaning):
“Have you
not seen those (hypocrites) who claim that they believe in that which has
been sent down to you, and that which was sent down before you, and they
wish to go for judgement (in their disputes) to the Taaghoot (false judges)
while they have been ordered to reject them. But Shaytaan (Satan) wishes to
lead them far astray”
[al-Nisa’
4:60]
“Do they
then seek the judgement of (the days of) Ignorance? And who is better in
judgement than Allaah for a people who have firm Faith”
[al-Maa'idah 5:50]
No Muslim
should give precedence to the rule of anyone other than Allaah over the rule
of Allaah and His Messenger, no matter who he is. Just as worship is for
Allaah alone, so too is the judgement or decision, as He says
(Interpretation of the meaning):
“The
decision [hukm] is only for Allaah,”
[al-An’aam 6:57]
Referring
for judgement to anything other than the Book of Allaah or the Sunnah of His
Messenger (peace and blessings of Allaah be upon him) is one of the
greatest of evils and the most abhorrent of bad deeds, but as to whether the
one who does that is a kaafir, that is subject to further discussion. Allaah
says (interpretation of the meaning):
“But no,
by your Lord, they can have no Faith, until they make you (O Muhammad) judge
in all disputes between them, and find in themselves no resistance against
your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]
So there is
no faith for the one who does not refer for judgement to Allaah and His
Messenger (peace and blessings of Allaah be upon him) with regard to
the fundamentals of religion and its minor issues and with regard to
disputes concerning rights and duties. Whoever refers for judgement to
anything other than Allaah and His Messenger has referred for judgement to
the Taghoot (false judges).
Based on
this, the tribal Shaykhs must not judge among the people according to tribal
customs that have no basis in Islam and for which Allaah has not sent down
any authority. Rather they must refer any disputes among their tribes to the
sharee’ah courts. There is no reason why they should reconcile between
disputants in ways that do not go against sharee’ah, so long as they consent
to that and there is no compulsion, because the Prophet (peace and
blessings of Allaah be upon him) said: “Reconciliation between Muslims is
permissible, except a reconciliation that forbids something that is
permitted or permits something that is forbidden.” And all the tribes should
not agree to anything but the rule of Allaah and His Messenger … End quote
from Majmoo’ Fataawa wa Maqaalaat al-Shaykh IbnBaaz (5/142).
The Standing
Committee for Issuing Fatwas was asked: What is the ruling if two men argue
and refer for judgement to customary laws, and each of them chooses someone
they think is of good character, and they agree to whoever among the tribal
Shaykhs they choose to judge between them, and they sit before him and each
of them states his case against the other. If it is a simple case, he rules
usually rules that the one who is in the wrong should slaughter an animal
and invite his opponent to the feast; and if it is a serious case he gives a
judgement of al-janbiyyah, which in the past meant that they would strike
him on the head with a sharp instrument until his blood flowed. But nowadays
they pay the janbiyyah in money and they call this reconciliation. This is
something that is widespread among the tribes and they call it a madhhab,
and if you do not approve of what they do, they call you qaati’ al-madhhab
(one who has forsaken the madhhab). What is the ruling on this?
Answer: The
Muslims must refer for judgement to Islamic sharee’ah, not to tribal laws.
What you have mentioned is not a reconciliation in the true sense, rather it
is referring for judgement to customary principles. Hence they call it a
madhhab, and they say of the one who does not agree with the ruling that he
has forsaken the madhhab. Their calling it a reconciliation does not alter
the fact that it is referring for judgement to Taghoot (false judges). The
ruling that they stipulate, of slaughtering an animal or striking the head
with a sharp instrument until the blood flows is not a shar’i ruling.
Based on
this, the tribal Shaykhs should not judge between people in this manner, and
the Muslims should not refer to them for judgement, until they (the Shaykhs)
turn away from that to Islamic laws. Today – praise be to Allaah – the
authorities have appointed judges who judge between the people and resolve
their disputes in accordance with the Book of Allaah and the Sunnah of His
Messenger (peace and blessings of Allaah be upon him) and who solve
their problems in ways that do not go against the laws of Allaah, may He be
exalted. So there is no excuse for anyone to refer for judgement to false
judges, after the appointment of scholars of Islam to whom they may refer
for judgment and who judge in accordance with the law of Allaah.
And Allaah
is the Source of strength. May Allaah send blessings and peace upon our
Prophet Muhammad and his family and companions.
The Standing
Committee for Academic Research and Issuing Fatwas.
‘Abd-Allaah
ibn Qa’ood, ‘Abd-Allaah ibn Ghadyaan, ‘Abd al-Razzaaq ‘Afeefi and ‘Abd
al-‘Azeez ibn Baaz. End quote.
As that is
the case, it is not permissible for you to take part in his judgement or to
pay the money or take it. Rather you must disavow yourself of that, and you
must advise these people and explain to them the seriousness of what they
are doing by passing judgements that are not in accordance with sharee’ah.
They have no excuse for that, even if their governor is a Christian who does
not apply the rulings of Allaah. They have to advise one another and strive
to apply the rulings of sharee’ah as much as they can; whatever they are
unable to apply, it is not permissible for them to invent rulings for it, no
matter what interests they think may be served by that, otherwise they will
be sinners who are introducing jaahili ways into Islam.
Secondly:
The majority
of Maaliki, Shaafa’i and Hanbali fuqaha’ are of the view that if a woman is
forced into zina (raped), then the rapist must pay a mahr equal to that of
her peers.
If she was a
virgin, is she entitled to compensation for loss of virginity along with the
mahr?
Some of the
fuqaha’ are of that view, and it was narrated from Ahmad (may Allaah have
mercy on him), but the well known view of the Hanbalis is that compensation
for loss of virginity is not required, and the one who is forced into zina
can only take a mahr equal to that of her peers. The Maalikis also pointed
out that this mahr is not to be paid collectively by the male relatives of
the rapist, because zina is a deliberate action, it is not something that
can happen by mistake.
The Hanafis
differed from that and did not impose a mahr for a woman who is forced into
zina, whether she was a virgin or not.
This was
also narrated from Ahmad (may Allaah have mercy on him), and was the view
favoured by Shaykh al-Islam Ibn Taymiyah, who said concerning the mahr: it
is khabeeth (evil).
Thirdly:
If he forced
her to commit zina and he destroyed the barrier between the urethra and
vagina, then he must pay the mahr and also compensation, but there was a
difference of opinion as to the amount. The Hanafis and Hanbalis say that it
is one-third of the diyah, and the Shaafa’is say that it is the full diyah.
The Hanafis agree with them if he destroys the barrier between the urethra
and vagina and she can no longer control her urine.
See
al-Mabsoot (9/53), al-Muntaqa by al-Baaji (7/77), al-Taaj
wa’l-Ikleel (8/342), Mughni al-Muhtaaj (4/75), al-Mughni
(7/209, 8/373), al-Insaaf (8/306-308), al-Mawsoo’ah al-Fiqhiyyah
(5/297, 21/95).
Conclusion:
The mahr which is paid to the woman who is forced into zina (raped), and the
mahr and compensation for loss of virginity which is paid to a virgin who is
forced into zina, must be paid from the wealth of the zaani and not by his
male relatives, and it must go to the woman who was forced into zina, not to
her relatives. As for the woman who willingly commits zina, she is not
entitled to anything.
All of this
comes after zina has been proven and the hadd punishment has been carried
out. This makes clear the difference between what is narrated in sharee’ah
and the ruling of tribal customs.
And Allaah
knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/84073/ruling-on-referring-to-tribal-customs-for-judgement | 177 | 84,073 |
641 | She claimed that she was pregnant with a child from him and had an abortion, and he paid the expenses | Question
A woman who has a bad reputation and behaves badly claimed that she was pregnant from a friend of mine that she was pregnant. He is married with a young daughter and he swears that he has never had intercourse with her, although something happened between them, but it did not reach the level of intercourse. But she insisted that he was the father of the child in her womb. The solution was that she went to a doctor to abort the child, and because he was afraid of exposure and embarrassment that this woman could cause – because he is married and has a daughter, as I said – he paid for the abortion expenses. It turned out that she was pregnant with a child whose age was six days shy of three months. He deeply regrets what he did, and paying for the expenses of aborting a child whose conception he had nothing to do with.
My question is:
What is the Islamic ruling on this action? How can he repent from this deed? Is he regarded as a partner in the killing? How can he repent sincerely to Allaah from what happened? What should he have done, according to sharee’ah, when this girl claimed that he was the father of the child in her womb? I would like an answer soon. May Allaah reward you with good. | Praise be to Allah.
Firstly:
Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He
will make a way for him to get out (from every difficulty)”
[al-Talaaq 65:2]
Your friend did not fear Allaah, so He did not grant him a
way out. You say that he was intimate with that woman, but he did not have
intercourse with her. This is taking lightly and being heedless about doing
a haraam action with that woman, which is what led him to commit the second
crime (abortion) and made him unable to ward off accusations against him and
stand up to this woman properly, because he knew in his heart that he was
not chaste and did not resist doing haraam things, even though Allaah has
blessed him with a wife and a legitimate marriage. How can a wise man
refrain from good, halaal pleasure and replace it with haraam and enjoy it?
If your friend had kept himself chaste, Allaah would have
granted him a way out, but he transgressed the sacred limits of Allaah and
was punished by being caused to fall into another sin. As one of the salaf
said: One of the punishments of sin is further sin, just as the reward for
good deeds is more good deeds.
Secondly:
So long as there is still some goodness in your friend, which
is indicated by his regret for what has happened and his desire to repent,
then he should note that repentance is not valid and accepted unless it
meets three conditions:
1 – Regret for what he has done.
2 – Giving up the sin. So he must cut off all ties with this
evil woman. It is strange that you say that your friend has a daughter.
Would he like that for his daughter? No one would want this for their
daughters.
So he cannot repent if he is still in touch with this woman
or any other.
3 – He should resolve firmly never to go back to this sin
again, and he should resolve to refrain from haraam things and protect
himself and his family. He should beware lest he be tested with regard to
the closest of people to him as a punishment for what he has done.
He should strive hard in acts of worship, and pray regularly
on time with the congregation in the mosque if he was careless about that
before. He should read Qur’aan a great deal and attend classes, and give a
lot of money in charity.
Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents,
believes (in My Oneness, and associates none in worship with Me) and does
righteous good deeds, and then remains constant in doing them (till his
death)”
[Ta-Ha 20:82]
Let him make this sin the beginning of something good for
him, by turning to Allaah and keeping away from sin. Many people may be
better after sinning and repenting than they were before, if they repent
properly and strive to better themselves.
And Allaah is the Source of strength. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/93152/she-claimed-that-she-was-pregnant-with-a-child-from-him-and-had-an-abortion-and-he-paid-the-expenses | 177 | 93,152 |
642 | Attribution of an illegitimate child and rulings that result from that | Question
Thirty-two years ago an illegitimate child was born to a foreign kitaabi woman (i.e. Jewish or Christian woman). He is a young man of very good character and with a good heart. When he reached the age of 25, he started to look for his parents. He found his mother, and he found me, the father, a week ago. It has been proven by DNA testing that I am the father. I got married 31 years ago to a Muslim woman, and I have a daughter and two sons from her, and I have 4 grandchildren. Praise be to Allaah Who guided me, I came back to fear of Allaah and I am religiously-committed: I pray and give zakaah, and I did Hajj and ‘Umrah 3 years ago, my wife and I. I ask Allaah to guide me always and help me to repent.
I hope that you can advise me: is he a mahram for my wife and daughter? Is he a brother to my children? Should I regard him as one of the family? I hope that you can explain everything that has to do with the matter. | Praise be to Allah.
Firstly:
We ask Allaah to pardon us and you, and to help us to repent
properly and turn to Him, and to bless us with good and righteous offspring
by His grace and bounty.
Remember that repentance and guidance are the best things
that a person may be blessed with in this world; they are the greatest
blessings that Allaah can bestow upon us. So we must be grateful to Allaah
for them, and strive to renew them. The Prophet (peace and blessings of
Allaah be upon him) used to pray to Allaah for forgiveness and repent to him
one hundred times every day, as was narrated by Muslim (2702).
Secondly:
With regard to the attribution of illegitimate children, the
fuqaha’ have discussed this issue in detail and they said that one of two
scenarios must apply to the woman with whom zina is committed:
1 – Either she is married, in which case any child who is
born to her is to be attributed to the husband and not to anyone else, even
if she is certain that he is the child of the one with whom she committed
zina, unless the husband disowns the child by means of li’aan, in which case
the child is not attributed to the husband, rather he is to be attributed to
his mother and not to the zaani (adulterer).
2 – Or she is not married. If an unmarried woman has a child,
the scholars differed as to whether the child should be attributed to his
father, the zaani, or to his mother. There are two opinions, which have been
discussed and the evidence for them quoted, in the answer to question no.
33591. See also the answers to questions no.
117,
2103 and
3625. There it
says that the correct view is that this attribution is not valid, so it is
not permissible to attribute the illegitimate child to the zaani, rather he
should be attributed to his mother, even if there is certainty that this
child was fathered by this zaani.
It says in Fataawa al-Lajnah al-Daa’imah (20/387):
The correct scholarly view is that the child is not to be
attributed to the man who had intercourse with the woman, unless intercourse
took place within the framework of a valid or invalid marriage or something
that may be taken as a marriage contract or concubinage or something that
may be taken as concubinage. In such cases, the child may be attributed to
the man who had intercourse with the woman, and they may inherit from one
another. But if it was a case of zina then the child cannot be attributed to
the zaani. Based on that, he cannot inherit from him. End quote.
It also says in Fataawa al-Lajnah al-Daa’imah
(22/34):
With regard to the illegitimate child, he is to be attributed
to his mother, and he comes under the same rulings as any other Muslim if
his mother is a Muslim. He is not to be blamed or put to shame for his
mother’s crime or the crime of the one who committed zina with her, because
Allaah says (interpretation of the meaning):
“And no bearer of burdens shall bear another’s burden”
[Faatir 35:18]
End quote.
Thirdly:
It is well known that attribution of lineage affects many
rulings such as rulings on breastfeeding, custody, guardianship,
maintenance, inheritance, qasaas, the hadd punishment for stealing, slander,
testimony etc. Because the more correct view is that the illegitimate child
cannot be attributed to the zaani, none of the rulings mentioned above can
be proven to apply to the father of the illegitimate child, rather many of
them apply to the mother.
But the illegitimate father (the zaani) is still affected by
the rulings forbidding marriage. According to the majority of scholars, the
rulings forbidding marriage still apply between the illegitimate child and
his father and his father’s relatives.
Ibn Qudaamah (may Allaah have mercy on him) said:
It is haraam for a man to marry his illegitimate daughter, or
his illegitimate sister, or his (illegitimate) son’s daughter, or his
daughter’s daughter, or his brother’s daughter, or his sister who is
illegitimate. This is the view of most of the fuqaha’. End quote.
Al-Mughni (7/485).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
was asked about an illegitimate daughter –can she marry her father?
He replied:
The view of the majority of scholars is
that it is not permissible to marry her. This is definitely the correct
view. End quote.
Majmoo’ al-Fataawa (32/134).
It says in al-Mawsoo’ah al-Fiqhiyyah (36/210):
It is haraam for a man to marry his illegitimate daughter,
because of the clear meaning of the verse (interpretation of the meaning):
“Forbidden to you (for marriage) are: your mothers, your
daughters…”
[al-Nisa’ 4:23]
because she is his daughter in a real sense and in linguistic
terms and she was created from his water (i.e. sperm), so the illegitimate
son is forbidden (in marriage) to his mother.
This is the view of the Hanafis and of the Maalikis and
Hanbalis. End quote.
Fourthly:
Based on the above, it is not permissible for this
illegitimate son of yours to marry your daughters, so they are his like
sisters. The same applies to your wife.
But that does not mean that he is a mahram for them in the
sense that they may be alone with him and take off their hijab in his
presence. Prohibition of marriage does not always mean that one is a mahram
in the sense that it is permissible to be alone with the person etc. This is
an additional ruling which applies only to the shar’i mahrams, so attention
must be paid to that.
Ibn Qudaamah (may Allaah have mercy on him) said:
Zina means that a person is forbidden in marriage, but it
does not make the person a mahram or make it permissible to look (at a
member of the opposite sex). End quote.
Al-Mughni (7/482).
This does not mean that you should not treat this young man
kindly and strive to bring him to Islam and make him a member of the family,
but he should not be attributed to his illegitimate father, and the issue of
the daughters of the family observing hijab in front of him should not be
taken lightly. We ask Allaah to bless you and guide you.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/85043/attribution-of-an-illegitimate-child-and-rulings-that-result-from-that | 177 | 85,043 |
643 | She committed zina and wants to abort the foetus | Question
There is a woman who was married and she had three children. Her husband died three years ago and she got to know a young man and had a haraam relationship with him, which resulted in a foetus who is about one and a half months old. After we found out about that we did an ‘urfi marriage for her, to reduce her accountability before Allaah and before her children.
Because the foetus was conceived outside of marriage, is this zina or is she married?
Is aborting the foetus in this case haraam or halaal? The one who will go with her for the abortion is her sister who is confused – if she goes with her for the abortion will she be concealing her or will she be a partner in committing a crime, which is the crime of zina and abortion?. | Praise be to Allah.
What this woman has done is zina which Allaah has forbidden
to us, as He says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin, and an
evil way that leads one to hell unless Allaah Forgives him)”
[al-Isra’ 17:32]
What you have done by arranging an ‘urfi marriage does not
change things in the slightest, because zina and the conception of the
foetus took place before that.
Moreover the ‘urfi marriage that this woman has done means
that she has given herself in marriage without the knowledge or presence of
her wali (guardian), so it is not valid, because the Prophet (peace and
blessings of Allaah be upon him) said: “There is no marriage except with a
wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah
(1881) from Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in
Saheeh al-Tirmidhi.
And the Prophet (peace and blessings of Allaah be upon
him) said: “Any woman who gets married without the permission of her wali,
her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as
saheeh by al-Albaani in Saheeh al-Jaami’ (2709).
Based on this, this marriage contract that was done does not
count and she has not become a wife to this zaani by means of this contract,
so it cannot be a means of reducing her accountability before Allaah, rather
it is another sin to be added to the first sin.
As for abortion, it is a third crime. Even though some
fuqaha’ allowed abortion in the early stages, that should not apply to the
zaaniyah, because that would encourage immorality and spread evil. One of
the basic principles of Islam is that it forbids immorality and all the ways
that lead to it. See question no. 13331.
This woman has to repent to Allaah sincerely, regret what she
has done and make her deeds righteous. If she is sincere in her repentance,
Allaah will grant her a way out. Allaah says (interpretation of the
meaning):
“And whosoever fears Allaah and keeps his duty to Him, He
will make a way for him to get out (from every difficulty)”
[al-Talaaq 65:2]
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/90054/she-committed-zina-and-wants-to-abort-the-foetus | 177 | 90,054 |
644 | He committed zina with a woman; is he allowed to marry her daughter? | Question
I am a thirty year old man. The shaytaan tempted me and I committed zina with a woman, then Allaah blessed me and had mercy on me, and I repented sincerely to Allaah, may Allaah accept it from me. Until now I have not gotten married. I have decided to get married and my mother has suggested a girl, but this girl is the daughter of the woman with whom I committed zina before (please note that the zina occurred two years ago, and her daughter is now twenty years old). Hence I hope that you can advise me whether this marriage is haraam or not? I hope that you can explain fully. | Praise be to Allah.We ask
Allaah to accept your repentance. Strive to make it a sincere repentance,
because the crime of zina is a grave sin which results in many evils. The
married man who commits zina deserves to be stoned to death, and there is no
greater punishment than that among the hudood punishments, because of the
abhorrent and repugnant nature of this crime.
Our advice
to you is not to marry this girl, not because marrying her is haraam, but
because through this marriage you will become closer to her mother with whom
you committed zina, and getting close to her will remind you of that evil
sin, and the shaytaan may whisper to you again, and make sin appear
attractive to you, so you fall into it. Keeping away from reminders of evil
and sin is part of repentance. This is indicated by the hadeeth about the
one who killed one hundred people; the scholar told him to leave his village
because its people were evil and immoral people. This is part of repenting
fully.
With regard
to whether it is permissible to marry this girl, there was a difference of
opinion among the scholars regarding such cases. Al-Shaafa’i and Maalik –
according to one of the two reports narrated from him – said that it is
permissible, but Abu Haneefah, Ahmad and Maalik – according to the other
report – said that such a marriage is haraam. The more correct is the first
view.
Ibn ‘Abd
al-Barr said:
They
differed concerning a man who commits zina with a woman; is it permissible
for him to marry her daughter or mother? Similarly, if he committed zina
with a woman, can his son or father marry her? In all these cases, does zina
make haraam what a valid marriage or an invalid marriage makes haraam (i.e.,
makes certain relatives mahrams to whom marriage is forbidden)?
Maalik said
in his Muwatta’: Zina with a woman does not make it haraam for the
one who commits zina with her to marry her daughter or mother. If a man
commits zina with the mother of his wife, his wife does not become haraam to
him, rather he should be killed. Zina does not make haraam anything that a
permissible marriage makes haraam.
This is the
view of Ibn Shihaab al-Zuhri and Rabee’ah; it was also the view of al-Layth
ibn Sa’d, al-Shaafa’i, Abu Thawr and Dawood. It was also narrated from Ibn
‘Abbaas, who said concerning that: A haraam deed does not make something
permissible haraam.
Ibn
al-Qaasim narrated from Maalik something other than what is said in
al-Muwatta’. He said: If a man commits zina with the mother of his wife,
he must be separated from his wife, and in his view he comes under the
ruling of one who has married his wife’s mother and consummated the marriage
with her. This is also the view of Abu Haneefah and his companions, and of
al-Thawri and al-Awzaa’i, all of whom said that if a man commits zina with
his wife’s mother, then his wife becomes haraam for him.
Sahnoon
said: The companions of Maalik all disagreed with Ibn al-Qaasim on this
matter and they agreed with what it says in al-Muwatta’. Allaah has
forbidden the Muslim to marry his wife’s mother or daughter. If a man owns a
slave woman and he has intercourse with her, then her mother and daughter
also become haraam for him.
Similarly,
if his father has intercourse with a woman whom he marries or owns as a
slave, they become haraam for the son, and vice versa. This has to do with
permissible types of intercourse. And Allaah is the One Whose help we seek.
These
fuqaha’ – the ones who were qualified to issue fatwas in the Islamic regions
– were unanimously agreed that it is not haraam for a man to marry a woman
with whom he committed zina, if it is established that she is not pregnant,
so it is more likely that he is permitted to marry her mother or daughter.
And Allaah is the source of strength.
Al-Istidhkaar
(5/463, 464).
Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
The correct
view is that the mother of a woman with whom a man has committed zina is not
haraam for the one who did that, and the daughter of the woman with whom he
committed zina is not haraam for the one who did that, because Allaah says
(interpretation of the meaning):
“All
others are lawful”
[al-Nisa’
4:24]
Allaah did
not mention the mother or daughter of a woman with whom zina has been
committed as being among those to whom marriage is forbidden, rather He
said:
“your
wives’ mothers, your stepdaughters under your guardianship, born of your
wives to whom you have gone in — but there is no sin on you if you have not
gone in them (to marry their daughters),”
[al-Nisa’
4:23]
It is well
known that the woman with whom a man has committed zina is not one of his
wives at all. As she is not one of his wives, it is not valid to compare
fornication to valid marriage. If he has repented from zina it is
permissible for him to marry the mother or daughter of a woman with whom he
committed zina. End quote.
Al-Sharh
al-Mumti’ (7/38, 39)
Conclusion:
This is a
matter concerning which the scholars differed. The correct view is that it
is permissible to marry the daughter of a woman with whom one has committed
zina so long as she is not one’s own daughter, but our advice to you is
not to marry her for two reasons: to be on the safe side, because she is
haraam for you according to many of the scholars, and so that your marriage
to her will not be a cause of your getting close to her mother and getting
in touch with her, which may lead to you going back to that sin from which
you have repented. And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=5 | https://islamqa.info/en/answers/78597/he-committed-zina-with-a-woman-is-he-allowed-to-marry-her-daughter | 177 | 78,597 |
645 | An illegitimate daughter is asking, Whose daughter am I? | Question
I'm an illegitimate child. I was conceived before my mother became Muslim. She became Muslim a few days before my birth. My parents married when I was 10 months old. My parents got divorced 2 years ago, after I disclosed sexual abuse by him. I have used my father's name since I was born and he has always accepted paternity of me. Do I need to change my name to my mother's name? I am 14 year old and have five siblings, all with my father's name. I read the answers on this site and all seemed to say that I should, but one answer by Shaykh 'Abd-Allah ibn Jibreen seemed to say the opposite. (Question Reference Number 5967) He stated that if the father accepts paternity, it is permissible to retain his name. Please clarify this issue for me. | Praise be to Allah.Firstly: we confirm that the illegitimate
child has nothing to do with his parents’ crime, and that he has all the same rights as any other Muslim, male or female. He must also fear Allaah
so that he may become one of the people of Paradise with whom Allaah is pleased.
Secondly: the scholars differed as to whether
or not the child may be attributed to his adulterous father, if the woman was not married.
What that means is: if the woman was married
and had a child six months after being married, then the child should be attributed to the father, and he cannot deny the child unless he divorces
his wife by means of li’aan. If a man claims that he committed zina with this woman and that this is his illegitimate child, no attention should
be paid to him, according to scholarly consensus, because the Prophet (peace and blessings of Allaah be upon him) said, “The child is to be
attributed to the husband and the adulterer deserves nothing.” Narrated by al-Bukhaari, 2053; Muslim, 1457.
Ibn Qudaamah said: “The scholars were
unanimously agreed that if a child is born to one man’s wife, and another man claims it is his child, the child is not to be attributed to the
latter. The difference of opinion arises when a child is born outside of marriage.”
If the woman is not married, and she has a
child as a result of zina, and the zaani (adulterer, man who committed zina) claims it is his child, should the child be attributed to him or
not?
The majority of scholars are of the view that
the child should not be attributed to him.
It was narrated from al-Hasan, Ibn Sireen,
‘Urwah, al-Nakha’i, Ishaaq and Sulaymaan ibn Yassaar that the child should be attributed to him.
This was also the view favoured by Shaykh
al-Islam Ibn Taymiyah (may Allaah have mercy on him).
Ibn Qudaamah also narrated this view from Abu
Haneefah. He said: “ ‘Ali ibn ‘Aasim narrated that Abu Haneefah said: If a man commits zina with a woman and she gets pregnant from him, I do not
see anything wrong with him marrying her even though she is pregnant, so as to conceal her (sin), and the child will be his child.” (al-Mughni,
9/122).
Ibn Muflih (may Allaah have mercy on him) said: Our shaykh [Ibn Taymiyah] favoured the view
that a man may attribute to himself a child who is the result of zina with an unmarried woman. al-Furoo’, 6/625
Ibn Qudaamah (may Allaah have mercy on him)
said: The illegitimate child should not be attributed to the zaani according to the majority of scholars, but al-Hasan and Ibn Sireen said: he may
be attributed to the zaani if the hadd punishment has been carried out on him, and he may inherit from him. Ibraaheem said: He may be attributed
to him if the hadd punishment of flogging has been carried out, or if he becomes the owner of the woman with whom he had intercourse. Ishaaq said:
He may be attributed to him, and he quoted something similar from ‘Urwah and Sulaymaan ibn Yassaar.
Shaykh al-Islam (Ibn Taymiyah) said: There are also two views among the scholars concerning the
zaani claiming the child as his if the woman is not married. The Prophet (peace and blessings of Allaah be upon him) said: “The child is to
be attributed to the husband and the adulterer deserves nothing.” So he said that the child belongs to the husband, not the zaani. But if the
woman is not married then this hadeeth is not applicable. ‘Umar attributed children born in the jaahiliyyah to their fathers, but this is not the
place to discuss this issue in detail.
Al-Fataawa al-Kubra,
3/178
The majority of scholars quoted as evidence
that the illegitimate child should not be attributed to the zaani the hadeeth narrated by Ahmad (7002), Abu Dawood (2265) and Ibn Maajah (2746)
from ‘Amr ibn Shu’ayb from his father from his grandfather who said: “The Prophet (peace and blessings of Allaah be upon him) ruled that
whoever is born to a slave woman who was not owned by his father, or (was born to) a free woman with whom (the father) committed zina, then he
cannot be attributed to him nor can he inherit, even if the one to whom he is attributed claims him as a son. He is the child of fornication
whether his mother was a free woman or a slave.”
This hadeeth was classed as hasan by
al-Albaani in Saheeh Abi Dawood, and by al-Arna’oot in Tahqeeq al-Musnad. It was quoted as evidence by Ibn Muflih to support the
view of the majority.
The Prophet (peace and blessings of
Allaah be upon him) ruled that the illegitimate child should not be attributed to the zaani and could not inherit from him, even if the zaani
claimed him as his child.
Undoubtedly attributing the child to a
particular person is a serious matter on which many rulings of sharee’ah depend, such as matters of inheritance, who is forbidden for marriage
(mahrams) and who are his relatives.
The point is that the fatwa which says that
the illegitimate child should not be attributed to the zaani is in accordance with the view of the majority of scholars.
With regard to Shaykh Ibn Jibreen (may Allaah
preserve him), perhaps he based his view on the other scholarly view which we have mentioned above.
Based on the view of the majority, the
illegitimate child – whether male or female – should not be attributed to the zaani, and should not be described as his child. Rather he should be
attributed to his mother; he is a mahram for her and may inherit from her like all her other children.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “With regard to the child who is
born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet
(peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e.,
this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage
and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his
legitimate child.”
From Fataawa Islamiyyah, 3/370.
In Fataawa al-Shaykh Muhammad ibn
Ibraaheem (11/146) it says: The child who is created from the sperm of the zaani cannot be called the child of the zaani.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/33591/an-illegitimate-daughter-is-asking-whose-daughter-am-i | 177 | 33,591 |
646 | A book which includes lies against the Prophet (peace and blessings of Allaah be upon him) concerning the ruling on zina | Question
I read in alkhilaph's pumphlet regarding sying of holy prophet(ahadith)that some one asked prophet that I like a women at my work place, I love her ,can I have sex with that women,answer by prophet was yes.
I feel the answer as written in that pumphlet is wrong but to certify that I would greatly value your opinion. | Praise be to Allah.Firstly:
This book called al-Khilaaf is not
known; perhaps it is one of the books of the Raafidi Shi’ah, because they have a book by this name which they claim deals with matters of dispute
between the Islamic sects.
The Raafidi Shi’ah would not refrain from telling lies against the Prophet (peace and
blessings of Allaah be upon him). Shaykh al-Islam Ibn Taymiyah described them as being “the worst liars among people and the worst in breaking
promises.” Majmoo’ al-Fataawa, 28/484. And he also said in Minhaaj al-Sunnah al-Nabawiyyah (1/8) that they are the worst liars when
it comes to transmitting reports, and the most ignorant of people in terms of reasoning. They believe reports which the scholars know are
obviously false, and they reject well-known facts that have been passed down from generation to generation. With regard to the transmission of
knowledge and the narrators of ahaadeeth and reports, they do not differentiate between lies, mistakes and ignorance or whether the narrator is of
good character, has a sound memory and is known for his knowledge of the reports.
In Minhaaj al-Sunnah (2/87) he also
said: “Among the people who pray towards the qiblah you will not find any more ignorant than the Raafidi Shi’ah… they are the worst liars among
people without a doubt… and they are the most hypocritical.”
Secondly:
With regard to the hadeeth you ask about, no
rational person would doubt that it is falsely attributed to the Prophet (peace and blessings of Allaah be upon him), because how could the
Prophet (peace and blessings of Allaah be upon him) permit zina (adultery, fornication) when it is well known in Islam that it is forbidden?
Indeed the Prophet (peace and blessings of Allaah be upon him) forbade the things that may lead to zina, such as a man being alone with a
non-mahram woman, shaking hands with her, careless mixing between men and women, and women speaking in a soft and gentle manner, etc.
Hence Allaah says (interpretation of the
meaning):
“And come not near to unlawful sex.
Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to hell unless Allaah Forgives
him)”
[al-Isra’ 17:32]
Think about this: Allaah forbids us to come
near to zina, which is more emphatic than simply saying do not do it, because this means that all the things that lead up to it or promote it are
also forbidden. Tafseer al-Sa’di, p. 742.
And Allaah says (interpretation of the
meaning):
“ And those who invoke not any other ilaah
(god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall
receive the punishment.
The torment will be doubled to him on the
Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in
Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds”
[al-Furqaan 25:68-70]
This abhorrent immoral action (illegal sexual intercourse) is mentioned alongside associating
others with Allaah and killing innocent souls, because it kills virtue, spreads evil, destroys honour, mixes lineages, and other evil consequences
and diseases which cause disintegration of nations and societies.
It was narrated from Abu Hurayrah (may Allaah
be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When the adulterer commits adultery he
is not a believer.”
Narrated by al-Bukhaari, 2475; Muslim, 57.
Al-Bukhaari narrated (7047) from Samurah ibn
Jundub that the Prophet (peace and blessings of Allaah be upon him) said, in a lengthy hadeeth in which he described different kinds of
punishment in the grave: “… and we went on and came to something like a tannoor oven, whose top was narrow and its base was wide, in which there
were screams and voices. We looked inside and saw naked men and women, to whom flames came from beneath. When those flames came to them, their
voices became loud and they rose up until they almost came out, then when the flames died down they went back. I said to them [the two angels],
‘Who are these people?’… They said, ‘As for the naked men and women who were in something like a tannoor oven, they are the adulterers and
adulteresses.’”
Ahmad (21708) narrated that Abu Umaamah said:
A young man came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, give me permission to commit
zina.” The people turned to him to rebuke him, saying, “Shh, shh.” (The Prophet (peace and blessings of Allaah be upon him)) said, “Come
here.” So he came close to him and he told him to sit down. He said, “Would you like that for your mother?” He said, “No, by Allaah, may I be
sacrificed for you.” He said, “Nor do people like it for their mothers.” He said, “Would you like it for your daughter?” He said, “No, by Allaah,
may I be sacrificed for you.” He said, “Nor do people like it for their daughters.” He said, “Would you like it for your sister?” He said, “No, by
Allaah, may I be sacrificed for you.” He said, “Nor do people like it for their sisters.” He said, “Would you like it for your paternal aunt?” He
said, “No, by Allaah, may I be sacrificed for you.” He said, “Nor do people like it for their paternal aunts.” He said, “Would you like it for
your maternal aunt?” He said, “No, by Allaah, may I be sacrificed for you.” He said, “Nor do people like it for their maternal aunts.” Then he
placed his hand on him and said, “O Allaah, forgive his sin, purify his heart, and guard his chastity.” And after that, this young man never did
anything.
Al-‘Iraaqi said in Takhreej Ahaadeeth
al-Ihya’: Ahmad narrated this with a jayyid isnaad whose men are the men of saheeh.
There are very many verses and saheeh hadeeth
which state how repugnant this crime is and which describe the fate of those who do it, in this world and in the Hereafter. So how, after all
that, can these ugly words be attributed to the Messenger of Allaah (peace and blessings of Allaah be upon him)?
Moreover, this sinful liar says, “If this man
is attracted to a woman at his place of work”.
Did the companions of the Prophet (peace
and blessings of Allaah be upon him), who were the best generation, have “places of work” in which men and women came together and mixed?
The questioner and others should beware of
these reprehensible and immoral misconceptions, and not pay any attention to them.
This liar who falsely attributes words to the
Messenger of Allaah (peace and blessings of Allaah be upon him) indeed deserves to be included in the words of the Prophet (peace and
blessings of Allaah be upon him) said: “Whoever tells lies against me deliberately, let him take his place in Hell.” Narrated by al-Bukhaari, 111;
Muslim, 3. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/26847/a-book-which-includes-lies-against-the-prophet-peace-and-blessings-of-allaah-be-upon-him-concerning-the-ruling-on-zina | 177 | 26,847 |
647 | He hired a woman to serve him then he agreed with her that she would be his slave | Question
Few years back, I needed servants for comfort and support and to fulfill my jobs, I was able to pay the servants what they wanted and to comfort them too on their conditions. There was a Young Lady among them who agreed, on our conditions. My servant was only there when I needed her a bit like part employment she came over when I needed her and went away when not needed. We made a contract that she would serve me because she agreed and I agreed with my side.
Hence, this young lady still lives in her parents home and is not married she agreed I be her master so it gives me the rights to touch her and look at her. We spent a lot of time together and I freed her from the contracts then got married together.
The point is that we get slaves from war time, but when will that come? Here she had agreed. And look after with the same standard of mine
Is there any haram element in this situation because the master only touched someone he owned, so this cannot be zinna.
-I would like to know the equities of slaves too
-How do you own a slave and what is the sharee condition?
-Can the master and slave have bodily contact and to what extent?
-Is there an age difference limit, i.e. they both can’t be same age?
-Can this kept secret or does everyone HAVE TO know?
-What is the minimum age the master and slave can be?
-IS SLAVES ARE ONLY AVAILABLE AT WAR-TIME, , IS THERE ANOTHER WAS OF OWNING A SLAVE?
Is it true our prophet (pbuh) owned many slaves, and called one ship? | Praise be to Allah.Some of the questions are repeated and interconnected. We will answer them all – in sha Allaah – in the following points.
Firstly:
What you did with the servant woman is haraam and is not permissible. A servant woman is not a slave woman whom it is permissible to touch and have intercourse with. A servant woman is free and is not permissible for you except through marriage, which is what you did, but unfortunately you did it late.
The contract that existed between you and the servant woman was a contract of employment, which was to serve you in your house. It was not a contract that permitted you to have intercourse with her. You say that she agreed that you would be her master and she let you touch her and look at her, and that you freed her from the contract, but this has no basis of validity in sharee’ah in the sense that you refer to. A free woman cannot become a slave unless she is a kaafir woman from a state that is at war with the Muslims and the Muslims have captured her. This does not apply in the case which you are asking about.
Secondly:
Slaves (men and women) may be taken in the wars that take place between Muslims and kaafirs, not in wars that are fought amongst the Muslims at times of tribulation.
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar, including women and children.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Thirdly:
The mujaahideen take possession of slave women as they take possession of the spoils of war. It is permissible for the one who gains possession of male or female slaves to sell them. In both cases – owning a slave through battle or through purchase – it is not permissible for a man to have intercourse with a slave woman until after she has had one menstrual cycle from which it may be established that she is not pregnant. If she is pregnant, then he must wait until she has given birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
Fourthly:
It is permissible for there to be a physical relationship between a man and his female slave just as there is between a man and his wife, unless he marries her off to someone else, in which case it is not permissible for him to have intercourse with her because it is not permissible for a woman to be in an intimate relationship with two men at the same time.
Fifthly:
There are no limits with regard to the age difference between a man and his female slave, apart from the fact that it is not permissible for him to have intercourse with her until after she has become able for that.
Sixthly:
The relationship between a man and his female slave should be announced publicly and not kept secret. That is because there are rulings that stem from this announcement, such as if they have children, and so as to ward off any suspicions that people who see them together may have concerning him and her.
Seventhly:
The Prophet (peace and blessings of Allaah be upon him) owned some male and female slaves, among whom were the following:
Ibn al-Qayyim said:
Zayd ibn Haarithah ibn Shuraaheel, the beloved of the Messenger of Allaah (peace and blessings of Allaah be upon him). He freed him and arranged his marriage to his freed slave woman Umm Ayman, and she bore him Usaamah. His other slaves include Aslam, Abu Raafi’, Thawbaan, Abu Kabshah Sulaym, Shaqraan (whose name was Saalih), Rabaah (who was Nubian), Yassaar (who was also Nubian and was killed by the ‘Arniyeen); Mid’am and Kirkirah (another Nubian) – these two were killed at Khaybar. They also included Anjashah al-Haadi and Safeenah ibn Farookh, whose real name was Mihraan, but the Messenger of Allaah (peace and blessings of Allaah be upon him) called him Safeenah (= “ship”) because they used to make him carry their luggage when they traveled, so he said, “You are a ship (anta safeenah).” Abu Haatim said that the Messenger of Allaah (peace and blessings of Allaah be upon him) freed him; someone else said that Umm Salamah freed him. The Prophet’s slaves also included Anasah, whose nickname was Abu Mashrah; Aflah; ‘Ubayd; Tahmaan – also known as Keesaan; Dhakwaan; Mihraan; Marwaan – although it was said that this was another name of Tahmaan, and Allaah knows best; Hunayn; Sandar; Fudaalah (who was Yemeni); Maaboor (who was a eunuch); Waaqid; Abu Waaqid; Qassaam; Abu ‘Usayb and Abu Muwayhabah.
His female slaves included: Salma (Umm Raafi’); Maymoonah bint Sa’d; Khadrah; Radwa; Razeenah; Umm Dameerah; Maymoonah bint Abi ‘Usayb; Maariyah and Rayhaanah.
Zaad al-Ma’aad, 1/114-116
Eighthly:
It is rare nowadays to find slaves in the shar’i sense in which it is permissible to be intimate with them etc. That is because most of the Muslims have long since given up the obligation of jihad for the sake of Allaah, in addition to their position of weakness and humiliation before their kaafir enemies, so that many of the majority-Muslim nations have signed the protocol that expressly forbids slavery and strives to put an end to it, which was agreed upon in the United Nations in 1953.
Based on that we must be very careful in examining any case where people are bought and sold as slaves, and we must also beware of the misinterpretation of the word amah (pl. imaa’) (= slave woman) which some new Muslims understand to mean that enslavement takes place simply by paying the woman some money and agreeing to have intercourse with her. This is like prostitution which is now widespread in some immoral places, night clubs and telephone sex services.
We ask Allaah to help us and you to be patient with regard to matters of our religion and to protect us from falling into evil.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/26067/he-hired-a-woman-to-serve-him-then-he-agreed-with-her-that-she-would-be-his-slave | 177 | 26,067 |
648 | She committed adultery when she was a minor – should the hadd punishment be carried out on her? | Question
What is the punishment for a girl found guilty of adultery if she has not even reached her puberty that is she is still a minor ?. | Praise be to Allah.The sin of adultery (zina: unlawful sexual relationship) is a major sin which Allaah has mentioned in conjunction with kufr, shirk and murder, as He says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:69]
Al-Qurtubi said:
The followers of all religions are agreed that adultery is forbidden; no religion regards it as permissible. Hence the punishment for it is one of the most severe punishments, because it is a crime against honour and lineage, which is one of the five basic principles that Islam seeks to protect, namely life, religion, lineage, reason and wealth.
Tafseer al-Qurtubi, 24/20, 21
1 – If a woman has been previously married – i.e., a legitimate marriage with her has been consummated – then her punishment is to be stoned to death.
‘Umar ibn al-Khattaab (may Allaah be pleased with him) said, when he was sitting on the minbar of the Messenger of Allaah (peace and blessings of Allaah be upon him): “Allaah sent Muhammad (peace and blessings of Allaah be upon him) with the truth, and revealed to him the Book. One of the things that He revealed was the verse of stoning, which we have read and understood. The Messenger of Allaah (peace and blessings of Allaah be upon him) carried out the punishment of stoning and we did so after him. I fear that as time goes by, people will say, ‘We do not find any mention of stoning in the Book of Allaah,’ so they will go astray by forsaking an obligation that was revealed by Allaah. In the Book of Allaah, stoning is the punishment deserved by any previously-married person, man or woman, who commits adultery, if proof is established, or pregnancy results, or he or she confesses.”
(Narrated by al-Bukhaari, 2462; Muslim, 1691)
2 – If the woman is a virgin – i.e., she is not married yet or the marriage contract has been done but her husband has not yet consummated the marriage with her – then the punishment is one hundred lashes and exile from her country for a year, as stated in the hadeeth of ‘Ubaadah ibn al-Saamit, who narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.”
(Narrated by Muslim, 1690).
If the adulterer or adulteress is a minor below the age of puberty, then there is no punishment to be carried out, according to all scholars.
Ibn Qudaamah (may Allaah have mercy on him) said:
With regard to puberty and sound mind, the scholars are agreed that both are conditions of punishment being obligatory.
Al-Mughni, 8/134.
The evidence for that is the words of the Messenger of Allaah (peace and blessings of Allaah be upon him): “The Pen has been lifted from three, from the sleeper until he awakes, from the minor until he grows up, and from the insane until he regains his reason.” (Narrated by al-Nasaa’i, 3432; classed as saheeh by al-Albaani in Saheeh al-Nasaa’i, 3210).
But the minor boy or girl should be punished, with something less than the hadd punishment, in a manner that will deter them from doing this action. And their guardian must also be punished if there was any shortcoming on his part, such as allowing his daughter to mix with boys or being careless concerning such matters.
The girl has to conceal what she has done, and her guardian must also conceal it, because the Prophet (peace and blessings of Allaah be upon him) said: “Avoid these filthy things that Allaah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allaah, and let him repent to Allaah…”
(Narrated by al-Haakim; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 149).
If the signs of puberty are present in the boy or the girl, then he or she becomes accountable (mukallif) thereby. Information on these signs may be found in Questions Nos. 21246 and 13262.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/8981/she-committed-adultery-when-she-was-a-minor-should-the-hadd-punishment-be-carried-out-on-her | 177 | 8,981 |
649 | Will an adulterer be deprived of al-hoor al-‘ayn? What is the meaning of the hadeeth “Whoever commits adultery, the same will be done to him (i.e., his womenfolk)”? | Question
If a man commits zina then repents, will he be deprived of al-hoor al-‘ayn in the Hereafter? And what is the meaning of the phrase “the same will be done to him (i.e., his womenfolk), even within the walls of his house?” If that refers to his mahrams. | Praise be to Allah.If an adulterer or anyone else who has committed a sin repents sincerely, Allaah will accept his repentance and expiate for his bad deeds, as is indicated by a great deal of evidence in the Qur’aan and Sunnah. For example, Allaah says (interpretation of the meaning):
“Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful”
[al-Zumar 39:53]
Indeed, if his repentance is good, his bad deeds may be replaced with good, by the immense grace and mercy of Allaah, as Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
What is implied by the forgiveness of Allaah and His acceptance of repentance is that He will not punish him.
But if a person persists in committing zina and does not repent from it, then it is proven that such a person will suffer different kinds of punishment, in this world, in the grave and in the Hereafter. We do not find any text that states that he will be deprived of al-hoor al-‘ayn, but some of the scholars have reached this conclusion by analogy with the proven warning concerning one who dies without repenting from drinking wine, who will not drink it in the Hereafter; and one who does not repent from wearing silk in this world, who will not wear it in the Hereafter.
Ibn al-Qayyim (may Allaah have mercy on him) listed the punishments that will befall the one who commits zina, if he does not repent:
“He exposes himself to missing out on the enjoyment of al-hoor al-‘ayn in the blessed abode of the Paradise of ‘Aden (the Garden of Eden). For Allaah will punish the one who wears silk in this world by depriving him of it on the Day of Resurrection; and He will punish the one who drinks wine in this world by depriving him of it on the Day of Resurrection; so by the same token He will punish the one who enjoyed haraam intimacy in this world. Indeed, everything of haraam things that a person enjoyed in this world, he will be deprived of its legitimate counterpart in the Hereafter.”
(Rawdat al-Muhibbeen by Ibn al-Qayyim, 365-368)
With regard to the hadeeth which says that the Prophet (peace and blessings of Allaah be upon him) said “Whoever commits adultery, the same will be done to him (i.e., his womenfolk), even within the walls of his house”, this is a fabricated (mawdoo’) hadeeth, as was stated by al-Suyooti and Ibn ‘Arraaq, and by al-Albaani in al-Silsilah al-Da’eefah, 2/155.
Based on that, there is no point to your objection. Even if the hadeeth were saheeh, it could be interpreted in a sound manner, which is that a man who commits zina and persists in it is one of the immoral and corrupt, and this corruption will have an effect on his family, because it will influence his family and make them corrupt as well. If the head of the household is careless about his own attitude, he will be even more careless about his family, and he will not discipline them to follow their religion properly. As a result, it is not unlikely that they will fall into the same sins as he did, because their faith is weak. In fact there are many stories from real life which point to such cases. This is one of the punishments which are hastened in this world, by means of which Allaah punishes those who violate the honour of the Muslims, so Allaah causes their honour to be violated in turn, as a fitting punishment. Allaah does whatsoever He wills, in accordance with the utmost wisdom and perfect justice, and He is never unjust towards anyone. He is not to be questioned as to what He does, and He is the Most Wise, All-Knowing. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/22769/will-an-adulterer-be-deprived-of-al-hoor-al-ayn-what-is-the-meaning-of-the-hadeeth-whoever-commits-adultery-the-same-will-be-done-to-him-ie-his-womenfolk | 177 | 22,769 |
650 | Can she marry someone who practices homosexuality? | Question
I have a gay friend born in a muslim family. he has turned gay because of certain circumstances eg. absence of father and other things. i want to ask :
is he considered a muslim? can i marry him in the hope that it'll bring him to the right path once more? i'm trying to change him back : is it okay for me to talk to him about sexual matters and all? what if he promises me to try to be on the straight path if i marry him ? if i marry him, and some day he gives in to his temptation (ie has a sexual intercourse with a male), will that have any affect on our marriage ? if he has had sexual contacts with males, is it forgivable if he repents sincerely ? | Praise be to Allah.
Homosexuality is a major sin which deserves the most severe
of punishments in this world and in the Hereafter. See Question no.
5177. But the person who does that cannot be
described as a kaafir because of that, unless he thinks that it is
permissible and claims that it is halaal – in which he is to be denounced as
a kaafir. But simply doing it whilst admitting that it is haraam does not
put a Muslim beyond the pale of Islam. He is still a Muslim, but he is
exposed to the wrath of Allaah and is committing a major sin. It is not
permissible for you to go ahead and marry him until he repents sincerely.
Simply promising does not count as repentance. My advice to you is not to go
ahead and marry him, rather you have to look for a righteous man who will be
the means of bringing you happiness in this world and in the Hereafter.
Homosexuality, just like other major sins, is open to repentance: whoever
repents, Allaah will accept his repentance. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/13707/can-she-marry-someone-who-practices-homosexuality | 177 | 13,707 |
651 | Abortion of a foetus resulting from a zina relationship | Question
Is it permissible for a woman who has committed immoral actions to abort the foetus? | Praise be to Allah.The efforts and ijtihaad of
the fuqaha’ have focused on abortion in general terms, and the rulings
on that and the consequences that may follow. They have not gone into
details concerning cases where the pregnancy results from immorality.
This may be because they consider that to come under the same ruling
as abortion of a pregnancy resulting from a proper marriage. If abortion
of a pregnancy resulting from a proper marriage is haraam under normal
circumstances, then it is even more so in cases where the pregnancy
results from immorality, because permitting abortion of pregnancy which
results from immorality would encourage evil actions and the spread
of immorality. One of the basic principles of Islam is that it forbids
immorality and all the ways that lead to it, e.g., it forbids tabarruj
(wanton display of one’s charms) and free mixing (of men and women).
In addition, an innocent foetus
which has committed no sin should not be sacrificed because of a sin
committed by someone else. Allaah says (interpretation of the meaning):
“No one laden with burdens
can bear another’s burden”
[al-Israa’ 17:15]
It is known that the Messenger
of Allaah
(peace and blessings of Allaah be upon him) sent the Ghaamidi woman
who was pregnant as a result of zinaa away until she gave birth, then
after the birth he sent her away until she had breastfed the child and
weaned him. She came back with the child who had a piece of bread. The
Prophet
(peace and blessings of Allaah be upon him) gave the child to one of
the Muslims, then he gave orders that she should be placed in a hole
up to her chest, and commanded the people to stone her. Imaam al-Nawawi
said concerning this hadeeth: “A pregnant woman should not be stoned
until she gives birth, whether her pregnancy is the result of zina or
otherwise. This is agreed upon, lest her foetus be killed. The same
applies if her hadd punishment is flogging; a pregnant woman should
not be flogged, according to consensus, until she has given birth.”
(Saheeh Muslim bi Sharh al-Nawawi, 11/202)
This incident shows us the
extent to which Islam is concerned with the foetus, even if it is the
result of zina: the Prophet
(peace and blessings of Allaah be upon him) delayed the carrying out
of the hadd punishment on the mother in order to save the life
of the foetus.
Can it be imagined that the
Lawgiver would permit killing the foetuses by abortion in order to fulfil
the wishes of those who follow their whims and desires?
Furthermore, those who say
that abortion is permitted within the first forty days of a legitimate
pregnancy based their ijtihaad on a concession, like not fasting in
Ramadaan for those who have valid excuses, or shortening the four-rak’ah
prayers whilst travelling, but it is stated in sharee’ah that concessions
cannot be connected to sins.
Imaam al-Quraafi said: “With
regard to sins, they cannot be taken as reasons for concessions. Hence
one who is travelling for the purpose of sin cannot shorten his prayers
or break his fast, because the reason for doing these is travelling,
but in this case the reason for travelling is to commit sin, so the
concession does not apply, because granting a concession on the basis
of sin will encourage people to sin further.” (al-Furooq, 2/33)
Similarly, the basic principles
of Islamic sharee’ah do not give the same concessions to a woman who
is pregnant as a result of zinaa as are given to a woman who is pregnant
as a result of proper marriage, lest that help her in her sin, and it
does not make it easy for her to get rid of the results of her evil
actions.
In addition, the foetus in the case of
zinaa has no guardian, because according to sharee’ah the title of father
can only be given to the one who has a child from a woman in a proper
marriage. This is part of the meaning of the hadeeth: “The child goes
to the owner of the bed and the adulterer gets nothing but the stones
(despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and
Muslim). The guardian of the foetus in such cases is the sultan or ruler
– the one who is in charge of the Muslims’ affairs – for he is the guardian
of those who have no guardian. The way in which the ruler disposes of
people’s affairs is based on the interests of the people, and there
is no interest to be served in destroying the soul of the foetus in
order to preserve the mother’s interests, because that would involve
encouraging her and others to persist in this evil action. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/13331/abortion-of-a-foetus-resulting-from-a-zina-relationship | 177 | 13,331 |
652 | Is it permissible for one who has committed zina (fornication or adultery) to get married after he or she has repented? | Question
I am a muslim that converted about three years ago. I am still learning and I have a question. I have been told that if I had sex after I converted I would not be able to islamically get married under the ways of islam. I wanted to know if this is true and if it is, is there any way to correct the deed that I am so very sorry for. | Praise be to Allah.The
one who has committed zina (fornication or adultery) has to repent,
because zina is one of the major sins which are forbidden in Islam and
for which a stern warning is issued to the one who does them. Allaah
says (interpretation of the meaning):
“And
those who invoke not any other ilaah (god) along with Allaah, nor kill
such person as Allaah has forbidden, except for just cause, nor commit
illegal sexual intercourse
and whoever does this shall receive the punishment.
The
torment will be doubled to him on the Day of Resurrection, and he will
abide therein in disgrace”
[al-Furqaan
25:68-69]
The
punishment must be carried out in this world on the one who has committed
zina (fornication or adultery), as Allaah says (interpretation of the
meaning):
“The
fornicatress and the fornicator, flog each of them with a hundred stripes.
Let not pity withhold you in their case, in a punishment prescribed
by Allaah, if you believe in Allaah and the Last Day. And let a party
of the believers witness their punishment”
[al-Noor
24:2]
It
was narrated in a hadeeth from the Prophet
(peace and blessings of Allaah be upon him): “Receive (teaching) from
me, receive (teaching) from me. Allaah has ordained a way for those
(women). When an unmarried male commits adultery with an unmarried female,
(they should receive) one hundred lashes and banishment for one year.
And in the case of a married male committing adultery with a married
female, they shall receive one hundred lashes and be stoned to death.”
(Narrated
by Muslim, al-Hudood, 3199).
Allaah
has forbidden the believers to marry a person who commits zina, whether
man or woman. Allaah says (interpretation of the meaning):
“The
adulterer — fornicator marries not but an adulteress — fornicatress
or a Mushrikah; and the adulteress –fornicatress, none marries her except
an adulterer — fornicater or a Mushrik [and that means that the man
who agrees to marry (have a sexual relation with) a Mushrikah (female
polytheist, pagan or idolatress) or a prostitute, then surely, he is
either an adulterer — fornicator, or a Mushrik (polytheist, pagan or
idolater). And the woman who agrees to marry (have a sexual relation
with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator,
then she is either a prostitute or a Mushrikah (female polytheist, pagan,
or idolatress)]. Such a thing is forbidden to the believers (of Islamic
Monotheism)”
[al-Noor
24:3]
If
the one who has committed zina repents to Allaah, truly and sincerely,
then Allaah will forgive him or her, and overlook the sin. Allaah says,
after mentioning the warning to those who commit zina:
“Except
those who repent and believe (in Islamic Monotheism), and do righteous
deeds; for those, Allaah will change their sins into good deeds, and
Allaah is Oft Forgiving, Most Merciful.
And
whosoever repents and does righteous good deeds; then verily, he repents
towards Allaah with true repentance”
[al-Furqaan
25:70-71 – interpretation of the meaning]
If
the person repents sincerely, then it becomes permissible for him or
her to get married, after they give up this sin.
Shaykh
Muhammad ibn Ibraaheem was asked about the ruling on getting married
to a woman who has committed zina. He said: “it is not permissible to
marry the woman who has committed adultery until she repents… if a man
wants to marry her, he has to be sure that she is not pregnant, by waiting
until she has a period before he does the marriage contract with her.
If she is pregnant, then it is not permissible for him to marry her
until she has given birth.”
See
al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 2/584 | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/14381/is-it-permissible-for-one-who-has-committed-zina-fornication-or-adultery-to-get-married-after-he-or-she-has-repented | 177 | 14,381 |
653 | He committed zina with a woman and wants to marry her, but her father refuses | Question
I have more of a problem, than a question to ask. I have had a Muslim girlfriend for 2 years, but recently split up. I know that she feels the same way as me, and that we want to marry. The problem is that her parents have warned her not to contact me. If I was to tell them that I took their daughters virginity, will this give me the right to her hand in marriage. I know that it was a sin to do this, but I wasa doing it before I converted to Islam. Now she says that she must obey her family, but i'm so desperate to be with her (for the right reasons) and take her as my wife. In the country where she is from, there are 'religous police' if we had intercourse in her country, then they'd make us marry, but we don it in the UK, does this matter? Please help me, i'm in total dispear at this situation. I will do anything to allow her to become my wife. | Praise be to Allah. You must hasten to
repent to Allaah from this evil action and major sin, and to ask for
forgiveness and do a lot of righteous deeds so that Allaah may forgive
you. With regard to the girl with whom you committed zina, it is not
permissible for you to marry her unless you both repent to Allaah, it
is clear that she is not pregnant and her legal guardian consents to
your marrying her. Otherwise, look for a chaste girl and remember how
grave your sin was. May Allaah forgive us and you. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/10340/he-committed-zina-with-a-woman-and-wants-to-marry-her-but-her-father-refuses | 177 | 10,340 |
654 | He committed zinaa then he became Muslim; should he be subjected to the punishment? | Question
If a kaafir commits zinaa (unlawful sexual intercourse) then he becomes Muslim, should the hadd punishment be carried out on him? | Praise be to Allah.If a dhimmi (Jew or Christian living under the protection of the Islamic state) commits zinaa then becomes Muslim, and there is evidence to prove that he did commit zinaa, the hadd punishment is no longer to be applied to him; he should not be punished by either hadd (punishment specified in sharee’ah) or ta’zeer (punishment to be specified by the qaadi or Muslim judge in a particular case). This was the view of al-Shaafa'i, based on the aayah (interpretation of the meaning):
“Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven” (al-Anfaal 8:38).
He also quoted as evidence the hadeeth of the Prophet (peace and blessings of Allaah be upon him):
“Islam wipes out whatever came before it.” (Narrated by Muslim from ‘Amr ibn al-‘Aas).
The Qur’aan also states that the punishment for a thief or bandit is no longer applicable if they repent, so this reprieve is more applicable in the case of a kaafir (who becomes Muslim). Moreover, enforcing the punishment would put people off Islam. This is the same reason which is given by scholars for stating that a person who enters Islam does not have to make up the prayers that he has missed. And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/8895/he-committed-zinaa-then-he-became-muslim-should-he-be-subjected-to-the-punishment | 177 | 8,895 |
655 | Repentance From Fornication and Status of Child | Question
There is another problem that has been worrying me for some time—namely, I committed fornication with a woman. How do I repent? Can I marry her in order to cover up the whole affair?
Another man says he committed fornication outside his country, and he knows that the woman conceived and delivered a child. Is this his child? And is it obligatory for him to bear the costs of the child’s upbringing? | Praise be to Allah.
Questions of this sort are
asked so often and by so many that it is time Muslims paid serious attention
to their reformation in the light of the Quran and Sunnah (prophetic
teachings), in order that such things do not occur in the first place.
Special stress is to be placed on the lowering of the gaze, no bodily
contact (including shaking hands) between men and women, wearing of the full
hijab (women’s Islamic dress code), prohibition of meetings in secrecy in
particular and of mixing of sexes in general, discouraging unwarranted
travel to non-Muslim countries, and early marriages. As for the question
about one who committed fornication, there can be two situations.
Either the man did it by force,
that is, raped the woman. Such a man should pay her the amount of mahr
(dower) in accordance with her social class, as compensation for what harm
he caused her. As for himself, he should sincerely repent. And, if the
matter has reached the authorities, then he should be punished according to
the law of shari’ah (Islamic law). See Madarij. Or, he has had sex with a
woman who consented to the act. There is nothing due from such a man except
repentance. Neither the child is his, nor is the cost of upbringing born by
him because it is an illegal child and must be attached to the mother and
not the father.
The man’s marriage to the
woman, for the sake of covering up the issue, is also not permissible. For
Allah revealed in the Quran a verse whose meaning can be translated as: “An
adulterer does not marry but an adulteress or mushrika (female polytheist).
And an adulteress does not marry but an adulterer or mushrik (male
polytheist).” (24:3)
It is also not permissible to
marry a woman who is pregnant from an adulterous act, even if the man has
fathered the baby in the womb, as it is also not permissible to marry a
woman about whom it is not known if she is pregnant or not.
Nonetheless, if he repents, and
she also repents, and she is not carrying a child, then it is permissible
for him to marry her and begin a new life. If she is carrying a child, they
must wait until she gives birth.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/32/repentance-from-fornication-and-status-of-child | 177 | 32 |
656 | Was Maa’iz married? | Question
Was Ma'iz ibn Malik married or unmarried and if he was a bachelor, why was he stoned? I ask this because I have read that he was not married and was stoned for persistent fornication. However, there are other ahadith about "a man from Bani Aslam" which match the case of Ma'iz (who was from the Aslam) in every detail but do not give the name of the man. Was this man Ma'iz?. | Praise be to Allah.The ahaadeeth which tell the story of Maa’iz (may Allaah be pleased with him) and
are narrated in al-Saheehayn were narrated through numerous isnaads. In some of them his name is given as Maa’iz, and in these it does not
say that he was married. And in some he is mentioned by the name of his tribe – “a man from Aslam” – and in these it says that he was married.
The context of the ahaadeeth is the same which makes us certain that they are
speaking of the same story, which is the story of Maa’iz (may Allaah be pleased with him) and that he was married. This is stated in the text of
one hadeeth which is narrated by al-Bayhaqi as we shall see below. There follow some of the reports:
According to the version narrated by Muslim, they took Maa’iz to the Harrah, and
this report states his name. According to a version narrated by al-Bukhaari, they stoned a man from (the tribe of) Aslam – and Maa’iz was a man
from the tribe of Aslam as we shall see in the hadeeth from Abu Sa’eed below – so they took him to the Harrah. We also draw your attention to the
similarity between the two hadeeth which both say that the Prophet (peace and blessings of Allaah be upon him) turned away from him four
times, etc. This makes us certain that the two hadeeths are telling the story of the same man. Based on that, it says in the report narrated by
al-Bukhaari that he was married. The two reports are as follows:
(a)
Muslim (1694) narrated:
From Abu Sa’eed: that a man called Maa’iz ibn Maalik came to the Messenger of
Allaah (peace and blessings of Allaah be upon him) and said: “I have committed adultery. Carry out (the hadd punishment) on me.” The
Messenger of Allaah (peace and blessings of Allaah be upon him) ignored him several times, then he asked his people (about him). They said:
“We do not know of anything wrong with him, except that he has committed some crime and he thinks that he will not be able to relieve himself of
its burden unless the hadd punishment is carried out on him.” So he went back to the Prophet (peace and blessings of Allaah be upon him) and
he commanded us to stone him. So we took him out to Baqee’ al-Gharqad and we did not tie him up or dig a hole for him. We stoned him with bones,
clods and pebbles. He ran away and we ran after him until he came to ‘Arad al-Harrah (a place in Madeenah), where he stopped, and we stoned him
with the rocks of the Harrah until he stopped moving (i.e., died).
(b)
The report narrated by al-Bukhaari (4969):
It was narrated from Jaabir that a man from (the tribe of) Aslam came to the
Prophet (peace and blessings of Allaah be upon him) when he was in the mosque and he said, “I have committed adultery.” The Prophet
(peace and blessings of Allaah be upon him) turned his face away from him. The man came to that side to which the Prophet had turned his face, and
testified against himself four times. The Prophet (peace and blessings of Allaah be upon him) said, "Are you mad? Are you married?" He said,
"Yes.” So he commanded that he be stoned in the Musalla (Eid prayer place). When the stones troubled him, he ran away, until he was caught in
al-Harrah and killed.
And it was narrated that Abu Hurayrah said: A man from (the tribe of Aslam) came to the Messenger of Allaah
(peace and blessings of Allaah be upon him) when he was in the mosque and called him. He said, “O Messenger of Allaah, This man has committed
zina,” meaning himself. [The Prophet (peace and blessings of Allaah be upon him)] turned his face away from him. The man came to that side to
which the Prophet had turned his face, and said, "O Messenger of Allaah, this man has committed zina." The Prophet (peace and blessings of
Allaah be upon him) turned his face to the other side, and the man came to that side, and said the same thing. When he had testified against
himself four times, the Prophet called him and said, "Are you mad?" He said, "No." The Prophet (peace and blessings of Allaah be upon him)
said, "Take him away and stone him to death." And he was married. When the stones troubled him, he ran away, but we caught up with him at
al-Harrah and stoned him to death (there)."
Narrated by al-Bukhaari, 4970
This is also stated clearly in Sunan al-Bayhaqi:
It was narrated from Jaabir from the Messenger of Allaah (peace and blessings of Allaah be upon him): a man
from (the tribe of) Aslam testified against himself four times in his presence, admitting zina, so he ordered that he be stoned, as he was
married. He said: they said that that was Maa’iz.
Sunan al-Bayhaqi al-Kubra, 8/218
Al-Haafiz ibn Hajar stated in Fath al-Baari that these ahaadeeth tell the
story of one man, namely Maa’iz (may Allaah be pleased with him).
The phrase “a man from Aslam” means a man from the famous tribe of Banu Aslam. The
name of this man was Maa’iz ibn Maalik as we shall see below; he was named as such by Ibn ‘Abbaas (may Allaah be pleased with him).
Al-Haafiz also said:
The hadeeth which says that the Prophet (peace and blessings of Allaah be
upon him) stoned Maa’iz, who was married, appears in al-Saheehayn from Abu Hurayrah. He said to him: “Are you married?” and he said, “Yes.”
This was also narrated by al-Bukhaari from Jaabir.
Al-Diraayah fi Takhreej Ahaadeeth al-Hidaayah, 2/96.
These ahaadeeth when taken together make us certain that when Maa’iz was stoned,
he was married.
Maa’iz was not stoned because he frequently committed the sin of zina; there is no
evidence to indicate that Maa’iz was one of those who frequently commit zina.
The previously-married person who commits zina deserves to be stoned, whether he
got married and divorced, or his wife passed away, or he is still married.
There is no difference between one who commits zina once and one who commits this
sin repeatedly. Whoever has been previously married must be stoned. In the case of one who has not been previously married, the hadd punishment is
one hundred lashes and exile for one year.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/9292/was-maaiz-married | 177 | 9,292 |
657 | Ruling on being intimate with a non-mahram woman without intercourse | Question
What is the ruling on being intimate with a non-mahram woman without intercourse in the vagina? Is anal intercourse regarded as sodomy?. | Praise be to Allah.Firstly:
It is by Allah’s wisdom that when He forbids a thing He forbids the things that lead to it, because indulging in things that may lead to haraam may make the heart inclined towards it, in such a way that the individual develops a psychological conflict between falling into this sin or the suffering that results from standing in the middle of the road, so that he is not shunning the haraam thing entirely, with the peace of mind that comes from keeping away from it, nor is he committing the sin and fulfilling the desires of his self that is inclined towards evil. In most cases of this type, the person will fall into major sins that he thought he would never commit, major sins that corrupt his religious and worldly affairs, ruin his life, and destroy the blessing in his wealth and children, as a befitting punishment for his sin, because he moved away from his Lord and transgressed His sacred limits, and did not care that Allaah was watching him and was aware of what he was doing. The wise man is the one who is not careless about things that lead to real disasters that affect his religious commitment, which is a man’s capital and comes before any worldly consideration.
The one who thinks about this question will realize that it is impossible for a man to reach that level of evil and then be able to control himself and refrain from falling into that great sin, which is as nothing compared to the anger and wrath of Allaah and the corruption that it causes, all just for the sake of the short-lived pleasure that the sinner is trying to achieve, which will be followed by never-ending regret.
The Muslim has to understand things as they are and what they lead to, and not be tempted by the things that the Shaytaan makes attractive, or be deceived when the Shaytaan tries to make him think of evil actions as insignificant as a trick to make people join his party of losers. He has to fear Allaah his Lord in private and in public, and know that Allaah sees him and knows his intentions and his actions, as Allaah says (interpretation of the meaning):
“Allaah knows the fraud of the eyes, and all that the breasts conceal”
[Ghaafir 40:19]
He should remember that what is with Allaah is better and more lasting, and that the Hereafter and its blessings are better for him than this world, and that the reward for being patient in abstaining from evil actions is Paradise as vast as the heavens and the earth, in which there is whatever a person could want of absolute and untainted pleasure.
For more information on the ruling please see question no. 27259
Secondly:
Anal intercourse, if done with a man, is homosexuality which is condemned in the Qur’aan and Sunnah.
It was one of the causes of the destruction of a nation, namely the people of Loot, the Prophet of Allaah.
With regard to anal intercourse with a woman: if this is with one's wife, it is not permissible, and is known as “lesser sodomy”, so how about if it is with a woman who is not permissible for him?
(a)What was narrated concerning sodomy:
Ibn Hazam said:
The action of the people of Loot is a major sin and a forbidden immoral action, like eating pork, dead meat and blood, drinking alcohol, committing adultery, and all other sins. Whoever regards it as permissible or regards any of the things we have mentioned as permissible is a kaafir and a mushrik, whose blood may be shed and whose wealth may be seized.
Al-Muhalla, 12/389
Ibn Qudaamah said:
The scholars are unanimously agreed that sodomy is forbidden. It was condemned by Allaah in His Book, and by the Messenger of Allaah (peace and blessings of Allaah be upon him). Allaah says (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?
Verily, you practise your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’”
[al-A’raaf 7:80]
And the Prophet (peace and blessings of Allaah be upon him) said: “May Allaah curse those who do the deed of the people of Loot, may Allaah curse those who do the deed of the people of Loot, may Allaah curse those who do the deed of the people of Loot.”
Al-Mughni, 9/59
Ibn al-Qayyim narrated from his shaykh Ibn Taymiyah and from others that there was consensus among the Sahaabah that the one who does the deed of the people of Loot should be put to death, but they differed as to how that should be done.
Zaad al-Ma’aad, (5/40). For more details on the ruling see also question no. 10050.
(b)What was narrated concerning anal intercourse with a woman:
Anal intercourse with a woman is a major sin, and the Prophet (peace and blessings of Allaah be upon him) cursed the one who does that.
Abu Dawood (2162) narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Cursed is the one who has intercourse with his wife in her back passage.” Classed as hasan by al-Albaani in Saheeh Abi Dawood. This curse applies to one who has anal intercourse with his wife, so how about if the woman is a stranger (non-mahram) to him?
Al-Tirmidhi (135) narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a menstruating woman or with a woman in her back passage, or who goes to a soothsayer, has disbelieved in that which was revealed to Muhammad (peace and blessings of Allaah be upon him).” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
If a man and wife agree to anal intercourse and do not stop after being punished (with a ta’zeer punishment), then they are to be separated.
Shaykh al-Islam Ibn Taymiyah was asked about a man who has intercourse with his wife in her back passage.
He replied:
Having anal intercourse with a woman is haraam, according to the Qur’aan and Sunnah, and this is the view of the majority of earlier and later scholars. Indeed, this is “lesser sodomy”. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is not too shy to tell the truth. Do not have intercourse with women in their back passages.” And Allaah says (interpretation of the meaning):
“Your wives are a tilth for you, so go to your tilth, when or how you will”
[al-Baqarah 2:223]
The tilth (harth) is the place from which the child is born [the vagina], because the tilth is the place of planting and sowing. The Jews used to say that if a man had intercourse with his wife from behind, the child would be born with a squint, then Allaah revealed this verse, and Allaah allowed the man to have intercourse with his wife in all positions, so long as it is in the vagina only. Whoever has intercourse with her in her back passage, and she obeys him in that, they should both be punished, and if they do not stop, then they should be separated, as an immoral man and the person with whom he commits immoral actions should be separated, and Allaah knows best.
Al-Fataawa al-Kubra, 3/104, 105
With regard to having intercourse with a non-mahram woman in her back passage, the scholars differed as to whether this is zina (fornication) or sodomy.
See al-Mabsoot, 9/77; al-Faakihah al-Dawaanah, 2/209; Mughni al-Muhtaaj, 5/443; al-Insaaf, 10/177; al-Furoo’, 6/72
The view favoured by Shaykh al-Sa’di (may Allaah have mercy on him) is that having intercourse with a non-mahram woman in her back passage is considered to be zina (fornication). He said: Zina means having an unlawful sexual relationship in the front passage or the back passage. Manhaj al-Saalikeen, p. 239.
We ask Allaah to keep us safe from evil and to purify our hearts of evil thoughts, and to help us to be steadfast in adhering to His religion and obeying His commands.
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/39770/ruling-on-being-intimate-with-a-non-mahram-woman-without-intercourse | 177 | 39,770 |
658 | The punishment for zina (fornication, adultery) and how to keep oneself from going back to it | Question
The problem is that I am a young man of thirty years of age. I got to know a girl who is nineteen years old who used all kinds of means to get to know me and get close to me. Without much talk or discussion, she went with me to my flat and I had intercourse with her dozens of times. There was a moment when I felt that I was about to die and I wanted to repent. I went to my father and asked him to get me married, and in fact I got married to a righteous girl from a respectable family. My main aim in marriage was to seek a woman who was religiously-committed, and this is what happened, for she is religious and is the daughter of a respected shaykh.
But my problem has become worse. Despite the fact that I have been successfully married – in everyone else’s eyes – for over a year and a half, I suddenly realized that I still feel love for the first girl with whom I had intercourse, and I am not able to leave her. Since I got married, I have not touched her or gone near her, but not a day goes by without me getting in touch with her by phone, and I do not want to hide from you the fact that I masturbate with my hand while I am speaking to her on the phone. I feel as if I am trapped by this girl and now she is not after me as much as I am after her. When we meet I feel scared to touch her, because I fear going back to zina.
My problem is simply psychological, which is how to discipline [?] myself and convince myself to keep away from this girl for once and for all, even though my wife is more beautiful than her and is better and she does everything she can to keep me chaste. Hence I despair of myself and I do not know how to sort myself out, despite the fact that everyone around me describes me as being good-hearted, loving good for people, shedding tears for the calamities and needs that befall people; they say that I try harder to do good for people than they do themselves, happily and willingly, and without them knowing about that, following the words of the Messenger of Allaah, “A man who gives in charity and conceals it so that his left hand does not know what his right hand is giving.”
Please help me to that I can be content with myself and be a righteous person. | Praise be to Allah.We ask Allah to relieve your distress and that of everyone who is distressed. From your question we may note the following:
1 – The fact that you have cut off the route to the Shaytaan, and are preventing him from continuing to tempt you, by getting married is something commendable, which points – in sha Allah – to the goodness in your heart.
2 – In order for you to be sincere towards your Lord in your repentance, and so that Allah may change your bad deeds (sayi’aat) into good deeds (hasanaat), you have to stop thinking about the first woman. Do not follow in the footsteps of the Shaytaan, and do not get carried away thinking about her, let alone speaking to her on the telephone, let alone meeting her, let alone doing anything that is more serious than that.
3 – Since it was thinking of death that led you to leave the first woman and get married, you should never stop thinking of it. This is the best advice a person may be given, whether he is falling short in obeying Allah, or he is doing something that earns the wrath of Allah. This is what gives the one who is falling short the motive to strive, because when death comes, good deeds are no longer recorded. It also gives the one who is doing evil actions the motive to stop and give them up, because a person’s deeds are judged according to his last deeds. It is sufficient for you to think of one thing: what if Allah were to take your soul when you were masturbating while talking to this woman? What if Allah were to take your soul when you were having unlawful intercourse with her?
My brother, think about it. Do you want to come out of your grave on the day when mankind is resurrected, holding onto your private part? Do you not see the great difference between this and between being resurrected prostrating or reciting the Talbiyah (as on Hajj or ‘Umrah) or remembering Allah?
4 – The way in which you describe yourself makes us feel that there is much that is good in you, so beware of losing the reward for this goodness by having a bad end. Beware of depriving yourself of the reward for these virtues by committing such a major sin that will bring the wrath of your Lord upon you.
5 – You have no excuse for this relationship, for you are married to a woman who – as you say – is more beautiful and is better than the first one, so why not thank Allah for giving you a halaal means of satisfying your desires? Why are you not content with that which Allah has decreed for you of permissible things?
Your sin in doing these haraam deeds is worse than if you were not married. You are not single, rather Allah has blessed you with the means of satisfying your desires in a permissible way. So whenever the Shaytaan makes you think of her (the first woman), go to your wife and seek refuge with Allah from the Shaytaan.
6 – We give you the best advice, which is to make du’aa’. Get up in the latter part of the night and beseech your Lord, submitting yourself to Him and humbling yourself before His Majesty, asking Him to rid you of the problem. Turn to your Lord and call upon Him, for He is the best One to be asked – may He be glorified – and He does not turn away His slaves if they are sincere.
7 – Do you know that by thinking of this girl, getting in touch with her and meeting her, the Shaytaan may cause you to fall into that which you did before? I hope that you will not be over-confident and think that you will be able to resist, for the one who is ruled by his desires is weak, and whoever walks for a few steps with the Shaytaan will walk with him to the end. But you should know that you are incurring the wrath of the Compeller (al-Jabbaar) and that you are committing one of the gravest acts of disobedience against Allah after shirk.
Imaam Ahmad (may Allah have mercy on him) said: I do not know of any sin after murder that is worse than zina, and he quoted as evidence the hadeeth of ‘Abd-Allah ibn Mas’ood who said: “O Messenger of Allah, which sin is the worst?” He said, “Setting up a rival to Allah when He is the One Who created you.” [‘Abd-Allah] said: “Then what?” He said, “Killing your child for fear that he may eat with you.” [‘Abd-Allah] said, “Then what?” He said, “Committing adultery with your neighbour’s wife.” And confirmation of that was revealed in the Qur’aan:
“And those who invoke not any other ilaah (god) along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment”
[al-Furqaan 25:68]
You must also understand the effects that zina has on the soul (or on one’s psyche). Ibn al-Qayyim (may Allah have mercy on him) said:
Zina encompasses all the characteristics of evil: lack of religious commitment, loss of piety, loss of chivalry, lack of protective jealousy (gheerah). You will not find any adulterer who is pious, or keeps his promises, or speaks truthfully, or is a good friend, or has complete protective jealousy towards his family. Treachery, lying, betrayal, lack of modesty, lack of awareness that Allah is always watching, lack of chivalry, loss of protective jealousy from the heart – these are the effects and implications of zina.
One of the effects of zina is that it earns the wrath of Allah because His sacred limits are transgressed. If a man were to do such a thing to any king, he would meet the direst consequences. Another effect of zina is the darkening of the face, and the grimness and misert of face that are apparent to other people. Another effect of zina is darkness of the heart and the extinguishing of its light, which is what causes the extinguishing of light in the face and the darkening thereof. Another effect of zina is the poverty that it leads to. Another effect of zina is the loss of respect towards the one who does it, and the lowering of his status in the eyes of his Lord and in the eyes of His slaves. Another effect of zina is that is causes him to lose the best of attributes, namely chastity, goodness and righteousness, and it earns him their opposites, namely immorality, evildoing, adultery and betrayal. Another effect of zina is that it causes him to lose the title of believer, as it was narrated in al-Saheehayn that the Prophet (peace and blessings of Allah be upon him) said: “No adulterer is a believer at the moment when he is committing adultery.” Another of the effects of zina is that it exposes one to the possibility of being one of the inhabitants of the oven (tannoor) in which the Prophet (peace and blessings of Allah be upon him) saw the adulterers and adulteresses. Another of the effects of zina is that it takes away the goodness which Allah described as the attribute of those who are chaste, and replaces it with the evil which Allah described as the attribute of the adulterers, as Allah says (interpretation of the meaning):
“Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements are for good people (or good women for good men) and good people for good statements (or good men for good women)”
[al-Noor 24:26]
Allah has forbidden Paradise to every evil person, and He has made Paradise the abode of the good, and no one will enter it but those who are good. Allah says (interpretation of the meaning):
“Those whose lives the angels take while they are in a pious state (i.e. pure from all evil, and worshipping none but Allah Alone) saying (to them): Salaamun ‘Alaykum (peace be on you) enter you Paradise, because of that (the good) which you used to do (in the world)”
[al-Nahl 16:32]
“and its keepers will say: Salaamun ‘Alaykum (peace be upon you)! You have done well, so enter here to abide therein”
[al-Zumar 39:73]
So they will deserve the greeting of the angels and admission to Paradise because of their goodness. But the adulterers are among the most evil of creation, and Allah has made Hell the abode of evil and its people. When the Day of Resurrection comes, the evil will be distinct from the good, and the evil will be piled up together, then it and its people will be thrown into Hell. No one who is good will enter Hell and no one who is evil will enter Paradise. Another of the effects of zina is the sense of alienation which Allah instills in the heart of the adulterer, and this is like the alienation that shows on his face. For the one who is chaste has sweetness in his face and contentment in his heart, and whoever sits with him feels at ease with him. But the adulterer has signs of alienation in his face and whoever sits with him will feel uneasy. Another of the effects of zina is lack of respect, as his family, friends and others lose respect for him, and he becomes the most despicable thing in their sight; this is in contrast to the chaste person, who is blessed with dignity and sweetness. Another of the effects of zina is that people will regard him as a traitor and no one will trust him with regard to his wife or child. Another of the effects of zina is the foul odour that will emanate from him and be detected by everyone who has a sound heart; it will emanate from his mouth and body, and were it not for the fact that there are all the people have a similar odour, that smell would spread far and wide.
Another of the effects of zina is that he will feel uneasy and distressed, for adulterers are doing the opposite of what they are seeking. Whoever seeks the enjoyment and good things of life by means of that which Allah has forbidden, Allah will punish him by letting him get the opposite of that which he is trying to achieve. For that which is with Allah can only be attained by obeying Him, and Allah never makes disobedience towards Him the means of attaining anything good. If the immoral person only knew what delight, happiness, ease and good living there is in chastity, he would realize that the delights that he has missed out on are many times greater than those which he may have enjoyed, let alone the consequences in the Hereafter, when the chaste person will attain the reward of Allah and will be honoured by Him. Another of the effects of zina is that he has exposed himself to missing out on the delights of al-hoor al-‘iyn in the beautiful abodes of the Garden of Eden (Jannaat ‘Adan). We have stated above that Allah will punish those who wear silk in this world by depriving them of it on the Day of Resurrection, and He will punish those who drink wine in this world by depriving them of it on the Day of Resurrection. Similarly, those who enjoy forbidden images in this world will also be deprived of such in the Hereafter. Indeed, everything that a person gets in this world, if he indulges in it by permissible means, his share of it on the Day of Resurrection will be reduced to the extent that he indulged in it. And if he got it from haraam sources, he will lose out on it altogether on the Day of Resurrection. Another of the effects of zina is that zina leads to cutting the ties of kinship, disobedience towards parents, haraam earnings, mistreating others, neglect of one's wife and children, and it may even lead a person to shed blood unlawfully. He may seek help to commit zina by means of sihr (witchcraft) and shirk, and he may or not know that this sin inevitably includes other sins committed beforehand or alongside it, and that it leads to other kinds of sins that come after it. It is surrounded by a host of other sins that come before and after. It is the thing that is most likely to bring about evil in this world and the Hereafter, and the most likely to prevent good in this world and in the Hereafter. If a person falls into its traps and snares, it will be hard for sincere people to save him and for doctors to treat him; its prisoner cannot easily be ransomed, and its victim cannot be rescued. It also leads to the loss of blessings. If a person falls into this trap, let him bid farewell to the blessings of Allah, for blessings may easily depart from a person and vanish. Allah says (interpretation of the meaning):
“That is so because Allah will never change a grace which He has bestowed on a people until they change what is in their ownselves. And verily, Allah is All-Hearer, All‑Knower”
[al-Anfaal 8:53]
“But when Allah wills a people’s punishment, there can be no turning back of it, and they will find besides Him no protector”
[al-Ra’d 13:10]
These are some of the harmful effects of this action.
Rawdat al-Muhibbeen, p. 360-363
We advise you to read a book by Ibn al-Qayyim which is very useful with regard to this topic. It is al-Jawaab al-Kaafi li man sa’ala ‘ala al-Dawaa’ al-Shaafi.
Finally, we ask Allah to keep you safe and sound with regard to your religious commitment and your worldly affairs, and to help you put your affairs in order before you meet your Lord. And Allah is the Guide to the Straight Path. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/20983/the-punishment-for-zina-fornication-adultery-and-how-to-keep-oneself-from-going-back-to-it | 177 | 20,983 |
659 | Description of flogging for an unmarriezd person who commits zina | Question
The punishment for zina For unmarried person as in islam is
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2]
For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.
1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ?
2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?. | Praise be to Allah.Flogging in the case of hudood punishments is not meant to kill, rather it is
intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with
moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new
whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be
flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head
and genitals are to be avoided.
Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be
distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and
thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike.
He said concerning the person being punished that he should not be made to lie
down, or be bound, and we do not know of any difference of opinion concerning that.
Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie
down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged
offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing.
His garment should not be removed, rather he is it acceptable if he is wearing one
or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If
winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah],
because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of
the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged
through his clothes has been flogged.
And he said: Once this is established, then the whip should be of moderate
quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger
of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of
Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said,
“Something between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad
report.
It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a
moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it
causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the
point is to discipline him, not kill him.
From al-Mughni, 1/141-142.
From the above it is clear that an ordinary person will not usually be killed by
flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of
the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes.
Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the
believers witness their punishment”
[al-Noor 24:2]
And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=6 | https://islamqa.info/en/answers/13233/description-of-flogging-for-an-unmarriezd-person-who-commits-zina | 177 | 13,233 |
660 | Repentance of the Fornicator | Question
Assalaamu'alaikum.
I have a friend. He has married. He told me, someday he did 'Zinnah' with other
woman. Now, he want to Taubat An-Nasuha. The Questions are : How can he do a Taubat An-Nasuha ? Would be Allah 'azza wa jalla receive
his Taubat ?
He told me, (I'm sorry if sounds rough), his penis did not entered to the
woman's vagina, but their condition have been nude. His penis position
between her up leg. Could we say that is a zinna that must be punished with
'rajm' ?
As information, In our country, the zinna can't punish with 'rajm'. I need your
answer soon as possible.
Jazzakumullaahu khoiran katsiran.
Assalaamu'alaikum warahmatullaahi wabarakaatuh. | Praise be to Allah.All
Praises are Due to Allah
The
act that your friend committed is a great sin and crime. He must repent to Allah.
The Prophet (peace and blessings of Allah be upon
him) said: "the eyes fornicate, the hands fornicate, the legs commit
fornication, and the private parts commit fornication". (It is reported
by Ahmad and it is in sahih Al Jahni 4150.)
Tell
your friend that he has to increase in good deeds so that Allah will wipe out
his evil deeds, as Abdullah ibn Masud reported. He said that a man came to the
Prophet (peace and blessings of Allah be upon him) and said, Oh Messenger
of Allah (peace and blessings of Allah be upon
him), I met a woman in the garden so I pulled her close, fondled her, kissed
her, and did everything with except have intercourse. The Prophet
(peace and blessings of Allah be upon him) was then silent and so the verse
came down, "verily, the good deeds erase the bad deeds, that is admonition
to those who remember." So the Prophet (peace and blessings of Allah
be upon him) called him and recited it to him. So Umar (may Allah be pleased
with him) said, Oh Messenger of Allah (peace
and blessings of Allah be upon him) is this for him specifically or for everyone.
He said (peace and blessings of Allah be upon him)
, no, for everyone.' (It was narrated by Ahmad.)
There
are more details on repenting from fornication. Refer to question #624.
As for your question regarding whether he is considered to have committed fornication,
which is punishable by stoning, it is obligatory that the married fornicator
be stoned and the unmarried fornicator receive lashes. This is only if the sexual
organs of the fornicator penetrate the vagina of the woman. Whatever is similar
deserves a different punishment, depending on the level of the haram committed.
It is not obligatory that he admit to a judge what he did. It is sufficient
that repentance take place between him and Allah, and Allah is the Acceptor
of repentance and the Most Merciful. We ask Allah to forgive us and the rest
of the Muslims.
Allah
knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/728/repentance-of-the-fornicator | 177 | 728 |
661 | If she committed
zinaa when she was not Muslim and had a child, then she became Muslim, what should she
tell other people and the child himself? | Question
WHAT TO DO IF YOU HAD A CHILD BY AN
"ARAB" THEN A DEW YEARS LATER YOU BECOME MUSLIM AND WANT TO GET MARRIED WHAT DO
YOU DO? WHAT DO YOU TELL THE CHILD ABOUT HER REAL FATHER? WHAT DO YOU TELL THE PEOPLE? OR
DOES IT MATTER | Praise be to Allah.and peace and blessings be upon the
Messenger of Allaah.
Zinaa (fornication or adultery) is a crime that is forbidden by divine
laws and rejected by all wise and sane people, even if they are not Muslim. Allaah has
condemned those who do this in many aayaat of the Qur’aan and in numerous ahaadeeth
of His Prophet
(peace and blessings of Allaah be upon him). He has threatened those who
do this with severe punishment and disgrace in this world and the next – except those
who repent, have faith and do righteous deeds, for Allaah will accept their repentance.
The gate of repentance is open, but it is a condition of repentance that one should regret
the deed and give it up. Islam wipes out whatever came before.
With regard to the child, he belongs to his mother, and should not be
named after his father. This is the ruling concerning the illegitimate child: he should
not be named after his father because he was conceived in fornication, not in wedlock. It
is obligatory to take care of this child and bring him up with Islamic manners and morals.
Because this immoral act has occurred, you must repent from it, but you should cover it up
and not disclose it; you do not have to tell the people the truth. If the child wants to
know the truth, you can tell him in an appropriate manner, and let him know that what
happened was in the days of kufr (before you became Muslim), and that when a person
repents and becomes Muslim, this wipes out whatever happened before. The child does not
bear any responsibility for what happened, and as long as his mother has become Muslim,
there is no grounds for rebuking or punishing her. It is obligatory to accept the will and
decree of Allaah, and if this child does righteous deeds he will enter Paradise. No soul
is made to bear the burdens of another. We ask Allaah to keep you safe and sound and to
forgive you. May Allaah bless our Prophet Muhammad. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/2103/if-she-committed-zinaa-when-she-was-not-muslim-and-had-a-child-then-she-became-muslim-what-should-she-tell-other-people-and-the-child-himself | 177 | 2,103 |
662 | Her past is giving
her sleepless nights and she feels bad for her child | Question
I was a very modern girl until I met my
husband who brought me to Islam alhamdulilah. I was a zaniya and I never thought it was
that bad! this is making me have sleepless nights (which I sometimes spend praying to
Allah)and no matter how much I do I feel Allah will not forgive me for the many sins! I
got pregnant from my husband when we were still engaged ! the child is 7 now! is he a
"Child from Zina" will I ever be forgiven!
jazakum allah alf khair | Praise be to Allah.Firstly, whoever repents, Allaah accepts his or her repentance.
Secondly, if the pregnancy and birth happened before the marriage
contract took place according to sharee’ah, the child takes the adulterous
mother’s name, not the adulterous father’s. The child still has rights according
to sharee’ah and he should be given a good upbringing and cared for properly.
Thirdly, you should not despair of the mercy of Allaah or say
“Allaah will not forgive me.” “No one despairs of Allaah’s soothing
mercy except those who have no faith” [Yoosuf 12:87 – interpretation of the
meaning]; “And who despairs of the mercy of his Lord, but such as go astray?”
[al-Hijr 15:56 – interpretation of the meaning]. So long as you have repented,
you should have the hope of mercy from Allaah.
Fourthly, you will find a detailed answer about repentance from zinaa
and a lot of information to make you feel better, in the book “"I
Want to Repent, But...", which is published in the
“Books” section of this website.
Fifthly, what is in the past can be dealt with by
repenting. From now on you have to try to do a lot of good deeds, because good deeds wipe
out bad deeds and raise a person’s status. We ask Allaah to forgive your sins and
help you adhere firmly to His religion. We wish you a future filled with good deeds and
acts of worship. May Allaah bless our Prophet Muhammad, | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/3625/her-past-is-giving-her-sleepless-nights-and-she-feels-bad-for-her-child | 177 | 3,625 |
663 | Ruling on
illegitimate children | Question
Can an illegitimate person enter
Paradise if he obeys Allaah? Is there any sin on him or not? | Praise be to Allah.An illegitimate child does not bear any sin because of
his parents’ having committed the sin of zinaa (unlawful sexual intercourse), because
that was not of his doing. They bear their own sin, because Allaah says (interpretation of
the meanings):
“… He gets reward for that (good) which he has earned, and
he is punished for that (evil) which he has earned…” [al-Baqarah 2:286]
“… no bearer of burdens shall bear the burden of
another…” [al-An’aam 6:164]
With regard to his ultimate destiny, the illegitimate person is like
anyone else: if he obeys Allaah and does righteous deeds, and dies as a Muslim, then
Paradise will be his; if he disobeys Allaah and dies as a kaafir, then he will be one of
the people of Hell. If he mixes righteous deeds and bad deeds, and dies as a Muslim, then
his fate is up to Allaah: if He wills, He will forgive him, if He wills, He will punish
him, and his eventual admission to Paradise will be by the Grace and Mercy of Allaah. As
for the hadeeth which says that an illegitimate person will not enter Paradise, this is a
fabrication (falsely attributed to the Prophet SAWS (peace and blessings of Allaah be upon
him)). And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/3006/ruling-on-illegitimate-children | 177 | 3,006 |
664 | What Is Zina? | Question
I need further information about the verse interpreted here about adultery. Adultery, according to the Hudood I read, requires penetration. Is that true of Islamic law?
Are married persons, or single for that case, indulging in immoral acts that do not include penetration (but maybe oral sex), exempted from this punishment?
Secondly, is there forgiveness for adultery? Or for what I inquired in my previous question.
I'd be greatly obliged to receive an answer, because this issue has confused me for a long time. | Praise be to Allah.What is Zina?
Zina, in Arabic, means immorality, and is used with two meanings in Shari`ah: a general meaning and a specific meaning.
The general meaning includes that which carries the punishment (hadd) and that which does not carry it. Islam does not give the name of Zina only to that which carries the punishment, which is just one of many types of Zina.
Ibn ‘Abbas (may Allah be pleased with them both) said: I have never heard any better definition of small faults [al-Najm 53:32] than that which Abu Hurayrah (may Allah be pleased with him) narrated from the Prophet (peace and blessings of Allaah be upon him): Allah has decreed for every son of Adam his share of Zina, and there is no way to escape from it. The Zina of the eye is a glance, the Zina of the tongue is speaking, and the Zina of the mind is wishing and hoping; then the private part either acts upon this or it does not. (Reported by al-Bukhari, 11/26; Muslim, 4/2046).
Al-Bukhari included this hadeeth in a chapter entitled Bab Zina al-jawarih doon al-farj (Chapter on the Zina of faculties other than the private part).
Al-Hafiz Ibn Hajar (may Allah have mercy on him) said: Zina is not always associated with the private part itself, but may involve other faculties such as the eyes and so on. Ibn Battal (may Allah have mercy on him) said: Looking and speaking are called Zina because they lead to real Zina. This is why he said that the private part either acts upon this or it does not
Zina: A Grave sin in Islam
Zina is one of the forbidden deeds, one of the most serious major sins (kabair) after shirk and murder. Allah says (interpretation of the meanings):
“And those who invoke not any other god along with Allah, nor kill such life as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; except those who repent and believe and do righteous deeds, for those Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful.” [al-Furqan 25:68-70]
“And come not near to unlawful sexual intercourse. Verily, it is a fahishah [anything that transgresses its limits a great sin], and an evil way (that leads one to Hell unless Allaah forgives him).” [al-Isra 17:32]
Imam al-Qurtubi (may Allah have mercy on him) said: The scholars said that the phrase ‘And come not near to unlawful sexual intercourse’ is more eloquent than merely saying Do not commit Zina, because the meaning is, Do not even come close to Zina. This means not doing any deed that may get close to Zina or lead to it, such as being alone with a member of the opposite sex, touching, looking, going to evil places, speaking in a haraam manner to a woman to whom one is not related, thinking about and planning immoral acts, and so on.
Abd-Allah ibn Masood said: I asked the Messenger of Allah (peace and blessings of Allah be upon him), Which sin is worst in the sight of Allah? He said, To make any rival to Allah, when He has created you. I asked, Then what? He said, To kill your child for fear that he will eat with you. I asked, Then what? He said, To commit Zina with the wife of your neighbour. (Reported by al-Bukhari, 8/492; Muslim, 1/90).
All religions are agreed that Zina is haram; no religion allows it. The punishment for Zina is the most severe of punishments, because it violates peoples’ honour and lineages.
Degrees of zina
The sin of Zina may be of varying degrees, and the gravity of the offence depends on the nature and circumstances of the deed, although all Zina is haram, a major sin and an act of immorality. Zina with a mahram [i.e., incest] (Allah forbid) or with a married woman is far worse than Zina with a woman to whom one is not related or with an unmarried woman, because it involves violating the rights of the husband, contaminating his bed, attributing a child to him that is not his, and other kinds of offence and harm.
If her husband is a neighbour, the crime of being a bad neighbour is added to the offence. If her husband is one's brother or relative, the crime of breaking family ties is added. The Prophet (peace and blessings of Allah be upon him) said: He will not enter Paradise whose neighbour is not safe from his evil actions. (Reported by Muslim, 1/68).
There is no evil action worse than Zina, and if the husband is absent for the sake of Allah, such as in worship, seeking knowledge or jihaad, then the sin is compounded. Buraydah (may Allah be pleased with him) reported that the Prophet (peace and blessings of Allaah be upon him) said: The wives of the mujahideen are as sacred and forbidden to those who stay behind as their own mothers. There is no man of those who stay behind who is entrusted by one of the mujahideen with the care of his family and then betrays him (by committing Zina), but he will be detained on the Day of Resurrection, and (the one whom he betrayed) will take as much of his good deeds as he wishes. So what do you think? (Reported by Muslim, 3515)
Punishment for zina
If the adulterer is married, the sin is greater, and the punishment is stoning, and if he is an old man, the sin is greater and the punishment is as the Prophet (peace and blessings of Allah be upon him) mentioned in the hadeeth about the three whom Allah will neither look at nor praise on the Day of Resurrection, and who will have a painful punishment. (Saheeh Muslim, 156)
If the deed is also committed during a sacred month or in a sacred place or at a time which is special in the sight of Allah, the sin is compounded.
What constitutes zina?
The jurists (may Allah have mercy on them) stated that the basic act of Zina which carries the punishment is illegal sexual intercourse, whereby the two circumcised parts [i.e. genitals] come together and there is penetration of the tip of the penis, because this is actual penetration (which carries the prescribed hadd or punishment).
What leads to zina?
A person must avoid evil deeds and everything that can lead to them. Allah has commanded us to avoid the traps of the Shaytaan, because if a man takes one step in that direction, his shaytan and his own ego (nafs) will keep urging him to do evil until he commits immoral deeds.
One should think about how serious it is to touch a woman to whom one is not related, as the Prophet (peace and blessings of Allaah be upon him) explained: If one of you were to be stabbed in the head with a piece of iron it would be better for him than if he were to touch a woman whom it is not permissible for him to touch. (Reported by al-Tabaraani; see also Saheeh al-Jaami, 5045).
This refers to the punishment for touching, so how about worse deeds, such as embracing and kissing, and even worse kinds of illicit activity? The Muslim judge is empowered to stipulate an appropriate punishment for every proven action other than actual intercourse; in the case of intercourse, the punishment set out by Islam is one hundred lashes and a year’s exile for one who is unmarried, and stoning for one who is married. This is the punishment in this world, and the punishment in the Hereafter is far more severe.
Will adulterers be forgiven?
One of the important principles which the salaf (may Allah have mercy on them) pointed out is that the sincere believer who truly hopes for Allaah and the Hereafter should not look at whether the sin is major or minor, or whether is carries a punishment (hadd) or not. Ibn Abbas (may Allah be pleased with them both) said: There is no major sin if one asks for forgiveness, and there is no minor sin if one persists in repeating it. Someone else said: If you want to disobey Allah, do not think about the smallness of the sin, think about the greatness of the One Whom you are disobeying.
How can you seek repentance from zina?
With regard to the matter of repentance from Zina , please refer to the book "I Want to Repent, But..." May Allah bless our Prophet Muhammad.
For more about zina-realted issues, see these answers: 6926 , 649 , 5445 , and 2487
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/3013/what-is-zina | 177 | 3,013 |
665 | Why adultery, gambling and the flesh of swine are haraam | Question
Why are adultery, gambling, eating the flesh of swine forbidden in Islam or consedered "haram"? | Praise be to Allah.Even though we find it strange that a Muslim would ask such a question about matters which are so clear and undisputed, the answer is simply that these things are haraam because Allaah, Whom we must obey, has forbidden them. He tells us in the Qur’aan (interpretation of the meanings):
“And come not near to unlawful sexual intercourse. Verily, it is a faahishah (a great sin) and an evil way.” [al-Israa’ 17:32]
“He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine…” [al-Baqarah 2:173]
“O you who believe! Intoxicants, gambling, al-ansaab [stone altars for sacrifice to false gods], and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination) in order that you may be successful.
Shaytaan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allaah and from al-salaah. So, will you not then abstain?” [al-Maa’idah 5:90-91]
So we must avoid all that which Allaah has forbidden, out of faith in His laws, in the hope of His reward and in fear of His punishment. We must also believe that Allaah does not forbid anything in Islamic sharee’ah except that which is harmful and corrupt, whether we understand this rationally or not, because He says (interpretation of the meaning):
“And no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [al-Nisaa’ 4:65] | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/751/why-adultery-gambling-and-the-flesh-of-swine-are-haraam | 177 | 751 |
666 | Is Homosexuality a Sin? | Question
How are you? I am currently researching issues related to Homosexual persecution In Asia, especially Malaysia. I hope that you could kindly help answer a few of my questions.
1) How are homosexuals (Muslim & non-muslim) being treated in Malaysia?
2) How severe will the punishment be?
3) How does society perceive homosexuals?
4) Is homosexuality legal?
Thank you very much for your kind help. | Praise be to Allah.Homosexuality in Malaysia
We do not have any information about homosexuality in Malaysia, but we assume that the Muslims there feel total abhorrence towards this shameful act, because their religion, Islam, emphatically forbids this deed and prescribes a severe punishment for it, in this world and the next.
How could it be otherwise, when the Prophet of Islam (peace and blessings of Allah be upon him) said: "Whoever you find committing the sin of the people of Lut (Lot), kill them, both the one who does it and the one to whom it is done" - i.e. if it is done with consent. (This hadith was narrated by al-Tirmidhi in his Sunan, 1376)
Punishment for homosexuality
The scholars of Islam, such as Malik, al-Shafi'i, Ahmad and Ishaq said that (the person guilty of this crime ) should be stoned, whether he is married or unmarried.
Is homosexuality a sin?
There is no doubt that homosexuality , which goes against the pure human nature created by Allah, by making men content with men and women with women, destroying families, adversely affecting the birth rate, causing the spread of killer diseases, harming the innocent when children are raped, and generally spreading corruption on earth, should be uprooted and stamped out.
Perhaps your research will lead you to find out much more about this religion with its great laws and accurate rules and the wisdom of the One Who revealed it.
We ask Allah to grant you help and success, for Allah is the One Who guides to the Straight Path.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/2104/is-homosexuality-a-sin | 177 | 2,104 |
667 | A woman who committed adultery and is contemplating suicide | Question
A married woman commits adultery, then she repented but the guilt of the act is haunting her. She is now thinking about suicide. What should be done and what is your advice? | Praise be to Allah.
Ibn Mas'ood (may Allah be pleased with him) said: "The believer sees his sin as a mountain beneath which he is sitting and which he fears may fall down upon him. The rebellious person sees his sin as a fly which passes in front of his nose and he swats it away" (Reported by al-Bukhari, 6308)
This woman's overwhelming sense of the burden of her sin is a sign of faith. We offer her the following advice:
She should examine her divorce from her first husband to make sure that it is sound according to sharee'ah (Islamic law), whether it took the form of talaaq (male-instigated divorce) or khul' (female-instigated divorce).
She should make sure that her marriage contract to the second man is also sound, because a marriage between two people guilty of adultery is not valid unless they have repented (see questions # 649 ); if the contract is found not to be valid, it must be repeated.
If this woman is sincere in her repentance towards Allah, regrets what she did and is determined never to do it again, Allah will forgive all her sins, no matter how great they were, so she should not despair of the mercy of Allah, for no one despairs of Allah's Mercy, except the people who disbelieve, and who despairs of the mercy of his Lord except those who are astray?
She should hasten to do many good deeds, to expiate for her sin, as Allah says (interpretation of the meaning): "And perform al-salaat (the prayer) at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds" [Hud 11:114]
She should resume a pure Islamic life, based on purity and chastity. Suicide is not a solution at all, as it is one of the most grievous of major sins, and will only increase the punishment of the one who does it. The Prophet SAWS (peace and blessings of Allah be upon him) said: "Whoever throws himself down from a high mountain and kills himself will be throwing himself down from a mountain in the Fire of Hell for all eternity. Whoever takes poison and kills himself will be taking poison in the Fire of Hell for all eternity. Whoever kills himself with a weapon (literally, iron) will be holding it in his hand and stabbing himself in the stomach in the Fire of Hell for all eternity. (Reported by al-Bukhari, 5778)
We ask Allah to help this woman to repent sincerely, to forgive her sins and to include her in His Mercy, for He is the All-hearing Who answers prayers. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/373/a-woman-who-committed-adultery-and-is-contemplating-suicide | 177 | 373 |
668 | Abrogation of the verse ordering the confinement of an adulteress in a house | Question
I would like to know more about the meaning of this part of Surah al-Nisa’:
“If any of your women are guilty of lewdness . . . confine them to houses until death do claim them, or Allah ordain for them some (other) way.” [al-Nisaa’ 4:15]
Does this mean to punish a woman who has committed adultery by death, or does it mean to imprison her for the remainder of her life? Also what does “or Allah make some way for them” mean?
Thank you for you time, I look forward to your response so that I may better understand Islam through the explanation of Muslims as opposed to those of non-Muslims. | Praise be to Allah.Allah says: “If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.” [al-Nisa’ 4:15]
Ibn Katheer, may Allah have mercy on him, said in his Tafseer (explanation) of this aayah:
“At the beginning of Islam, the ruling concerning a woman who was proven guilty of adultery was that she was to be detained in a house and not allowed to come out until she died. So the phrase ‘If any of your women are guilty of lewdness’ refers to adultery. ‘Take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way’ – the ‘other way’ that Allah made for them was the abrogation of this. Ibn ‘Abbas, may Allah be pleased with him, said: ‘This was the ruling until Allah revealed Surat al-Nur, then this punishment was abrogated and replaced with whipping or stoning.’ Something similar was reported from ‘Ikrimah, Sa‘id ibn Jubayr, al-Hasan, ‘Ataa’ al-Khurasani, Abu Saalih, Qutaadah, Zayd ibn Aslam and al-Dahhak, stating that this is abrogated, and this is agreed upon. Imam Ahmad said: ‘Muhammad ibn Ja‘far told us that Sa‘id told us from Qutaadah from al-Hasan from Hattaan ibn ‘Abdullah al-Raqaashi from ‘Ubaadah ibn al-Saamit who said: Whenever the wahy (revelation) descended upon the Messenger of Allah (Peace & Blessings of Allaah be upon Him), it affected him, the stress showed on him and his face would change. Allah sent a revelation to him one day, and when it was over, he said: ” Listen to me, Allah has made another way for them. (When) a married man (commits adultery) with a married woman, and an unmarried man with an unmarried woman, then in the case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death), and in the case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.”’ It was reported by Muslim and other narrators of Sunan via Qutaadah from al-Hasan from al-Hattan from ‘Ubaadah ibn al-Saamit from the Prophet (Peace & Blessings of Allaah be upon Him) with the wording: ‘Receive (teaching) from me, receive (teaching) from me. Allah has made another way for those (women). When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and banishment for one year. In the case of a married male committing adultery with a married female, they should receive one hundred lashes and be stoned to death.’ Al-Tirmidhi said: This is a saheeh hasan hadith.”
Al-Qurtubi, may Allah have mercy on him, said in his tafseer of this aayah:
“This [confinement] was the first punishment for adultery, at the beginning of Islam. Ibn ‘Abbas and al-Hasan said: Ibn Zayd added: They would not be allowed to marry, until they died, as a punishment for them when they asked to marry someone else. This ruling applied for a while, then the Prophet (Peace & Blessings of Allaah be upon Him) said, according to the hadith narrated by ‘Ubaadah ibn al-Saamit: “Receive (teaching) from me, receive (teaching) from me. Allah has made another way for those (women). When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and banishment for one year. In the case of a married male committing adultery with a married female, they should receive one hundred lashes and be stoned to death.” Some of the scholars said: the idea of punishment and shame was still there with the lashing, because there is no contradiction, and they are applied to one person. As for confinement, this is abrogated, by the consensus of the scholars. And Allah knows best.
To complete the benefit of what has been said, it is appropriate to learn the tafseer of the next aayah in Surat al-Nisaa’:
“If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone; for Allah is Oft Returning, Most Merciful.” [al-Nisaa’ 4:16]
Ibn Katheer, may Allah have mercy on him, said in his Tafseer of this aayah:
“‘If two men among you are guilty of lewdness’ means two who commit an immoral act, so they should be punished. Ibn ‘Abbas, may Allah be pleased with him, Sa‘eed ibn Jubayr and others said: i.e., by putting them to public shame and hitting them with shoes. This was the ruling until Allah abrogated it and replaced it with lashing and stoning.
‘Ikrimah, ‘Ataa’, al-Hasan and ‘Abdullah ibn Katheer said: ‘This was revealed concerning a man and a woman who commit adultery. The phrase ‘if they repent and amend’ means if they give up what they were doing and mend their ways. ‘Leave them alone’ means not to keep rebuking them with ugly words after that, because the one who has repented from his sin is like one who never sinned at all. ‘Allah is Oft Returning, Most Merciful’ – it was proven in the two Saheehs: ‘If the slave woman of one of you commits adultery, apply the punishment of lashing, and do not blame her (after that)’ – i.e., do not blame her for what she did after the punishment has been given, because the punishment is an expiation for her deed.’” | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/839/abrogation-of-the-verse-ordering-the-confinement-of-an-adulteress-in-a-house | 177 | 839 |
669 | His parents admitted to him that he was conceived in zinaa. Whose name should he take? | Question
My parents conceived me from zina.Whose name do I take and who are my people?
Jazakallah khairyn | Praise be to Allah. We addressed this question to Shaykh ‘Abd-Allaah ibn Jibreen, who wrote back to us with the following response:
The correct view is that there is no sin on the child of zinaa because of the sin of his parents, because he did not do anything wrong. The (burden of) sin is on his parents. On this basis, he can call himself after his father who has acknowledged his paternity, so that he can prove that he belongs to him and his state (in official papers). Or he can call himself after his mother who gave birth to him, because this is his line of descent; then he will belong to her tribe and state. He should also do righteous deeds and be upright in his conduct and commitment to Islam. What his parents did should not cause him any harm. A person who is hindered by his bad deeds will not be helped by his lineage [i.e., a person’s origins do not count for anything if his actions are bad]. And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/5967/his-parents-admitted-to-him-that-he-was-conceived-in-zinaa-whose-name-should-he-take | 177 | 5,967 |
670 | Responsibility Towards the Child of Fornication | Question
AsSalaamu Alaikum.
Before I accepted Islam I committed adultery an conceived a child with a married
woman. The woman's husband has been told the truth and is aware that the child is
not his, but he still wants to keep the child and his wife. Her husband wants to have
nothing to do with me(understandably) and wishes that I keep away from my son
who I have rarely seen and he does not know who I am. The child is almost 3 years
old and I have been a Muslim for almost 2 years.
What is the Islamic ruling in such a case? Can I consider the child to be mine?
The husband and his wife are both kaffirs. | Praise be to Allah.All Praises are Due
to Allah
Islam erases whatever
took place before it and after Allah guides you there is no sin on you, regarding
something which took place in the past. The rule according to the Shariah (Islamic
Laws) is that the child is to the bed and follows the husband, unless he washes
his hands of the matter.
The child in not
considered to be your son, nor do you have any responsibility for him. So start
a married life according to Islam.
May Allah forgive
you and increase you in protection. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/1201/responsibility-towards-the-child-of-fornication | 177 | 1,201 |
671 | How to Repent From Zina | Question
Brother I don't know what to do, but I have committed a great sin. I know the concept of confession does not exist in our beautiful religion, but I have committed fornication. I am trying to repent, and trying to ask Allah for his forgiveness. As I was reading Surah Nur, I found out that I can't marry a chaste woman, what should I do? Please pray for me so Allah makes His punishments easy on me in the Hell fire. | Praise be to Allah.Tips on how to repent from zina
1) Do not despair , for Allah, the Most Exalted and Glorified, said (interpretation of the meaning): "Say: Oh my servants who have transgressed against their souls! Despair not of the mercy of Allah, for Allah forgives all sins; for He is oft-forgiving, most merciful." [Az-Zumar 39:53]
2) Let your repentance be truly from your heart, and stay away from all sources of temptations. Also, perform many good deeds, as good deeds abrogate the bad ones.
3) If you repent to Allah, you are no longer described as a fornicator (zani). Therefore, you can marry a chaste woman.
4) The believer has high hope and aspiration for the best from Allah. He not only asks Allah for making his punishment easy in Hellfire, but he also prays to God the Almighty to save him from Hell and award him with Paradise for his repentance and good deeds.
For more, please see these answer: 47971 , 32 , 33 ,
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/624/how-to-repent-from-zina | 177 | 624 |
672 | Woman who accepts Islam and whose husband is a kaafir | Question
If a lady reverts to Islam and is married to a non-Muslim man, must she divorce this
man? If he refuses to become a Muslim, can she continue to live with him? | Praise be to Allah.All praise be to Allah the Almighty.
If a woman becomes a Muslima and her husband is a kaafir, then it becomes mandatory for her to
separate from him and it is not permissible for her to remain with him in his state of shirk (disbelief),
as per Allah's injunction (interpretation of the meaning):
" do not send them back to the disbelieversthey are not lawful (wives) for the disbelievers nor
are the disbelievers lawful (husbands) for them" (Al-Mumtahinah 60:10).
It is her duty to invite him to Islam and to attempt to convince him via various approaches in the hope
that Allah may accept her efforts and give her the great reward for his guidance through her. The
prophet (peace be upon him) once told Ali (may Allah be pleased with him) when he sent him to a
people who were idol-worshippers:
"Invite them to Islam and inform them what is required of them, for (I swear) by Allah, that Allah
guides a man through you is better than if you had humr un-na'am (a particular kind of camel
which is the most sought-after wealth among the Arabs)" (Al-Bukhari, Fath il-Baari 3009).
As for the course of the marriage, and what she should do if her husband accepts Islam or doesn't,
Ibn ul-Qayyim (may Allah have mercy upon him) said: What is indicated by evidence of his (i.e.,
the prophet's) ruling is that the marriage is mawqoof, or in abeyance (i.e. suspension); if her husband
accepts Islam before the elapsing of her 'iddah (waiting period), then she remains his wife. If her
'iddah elapses then she has the right to marry whom she pleases or if she likes she may wait (in the
hope he may still accept Islam). If he then accepts Islam, she becomes his wife without need of
renewing the marriage. (Zaad ul-Ma'aad, Vol 5 p.138).
wallahu a'lam. (And Allah the Most Knowledgeable knows what is the most true and correct) | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/117/woman-who-accepts-islam-and-whose-husband-is-a-kaafir | 177 | 117 |
673 | How can
zinaa be proven? | Question
I know that in the past if someone has
committed adultery, they had to bring 4 witnesses . My question is can we prove that
today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses. | Praise be to Allah.According to Islamic sharee’ah, zinaa can only be
proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who
saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It
cannot be proven by DNA testing or by use of cameras and videos in place of the things
mentioned above. And Allaah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/6926/how-can-zinaa-be-proven | 177 | 6,926 |
674 | Does Allah Forgive Homosexual Acts? | Question
Could you inform me regarding the Islamic view about people who have committed homosexual acts but have repented and abstained from such acts? Should they be stoned to death? Can they be forgiven? And are they allowed to marry people of the opposite gender? | Praise be to Allah.Homosexuality in Islam
Undoubtedly the sin of homosexuality is one of the worst sins ; indeed, it is one of the major sins that Allah has forbidden. Allah destroyed the people of Lut (peace be upon him) with the most terrifying kinds of punishment because they persisted in their sin and made this evil action commonplace and acceptable among themselves. Allah says (interpretation of the meaning):
“So when Our Commandment came, We turned (the towns of Sodom in Palestine) upside down, and rained on them stones of baked clay, in a well-arranged manner one after another; Marked from your Lord.” [Hud 11:82-83]
Then Allah says, warning those who come after them of the nations who do the same deed as they did (interpretation of the meaning):
“and they are not ever far from the Zalimun (polytheists, evildoers).” [Hud 11:83]
And Allah says (interpretation of the meaning):
“And they indeed sought to shame his guest (by asking to commit sodomy with them). So We blinded their eyes (saying), `Then taste you My Torment and My Warnings.’” [Al-Qamar 54:37]
The Prophet (peace and blessings of Allah be upon him) said: “Whoever you find doing the action of the people of Lut, kill them, the one who does it and the one two whom it is done.” (Narrated by Ahmad, 2727; classed as authentic by Al-Albani in Sahih Al-Jami` As-Saghir wa Ziyadatihi, 6589)
Imam Ibn Al-Qayyim (may Allah have mercy on him) said:
“It was reported that the Prophet (peace and blessings of Allah be upon him) said: “Kill the one who does it and the one to whom it is done.” (Narrated by the four authors of Sunan. Its chain of narration is authentic. At-Tirmidhi said it is a sound Hadith)
Abu Bakr As-Siddiq (may Allah be pleased with him) judged in accordance with this, and he wrote instructions to this effect to Khalid (may Allah be pleased with him), after consulting with the Companions. `Ali (may Allah be pleased with him) was the strictest of them with regard to that. Ibn Al-Qasar and our Shaykh said: the Companions agreed that [the person who does homosexual acts] should be killed, but they differed as to how he should be killed. Abu Bakr As-Siddiq (may Allah be pleased with him) said that he should be thrown down from a cliff. `Ali (may Allah be pleased with him) said that a wall should be made to collapse on him. Ibn `Abbas (may Allah be pleased with him) said, they should be killed by stoning.
This shows that there was consensus among them that [the person who does homosexual acts ] should be killed, but they differed as to how he should be executed. This is similar to the ruling of the Prophet (peace and blessings of Allah be upon him) concerning the person who has intercourse with a woman who is his Mahram [incest], because in both cases intercourse is not permitted under any circumstances. Hence the connection was made in the Hadith of Ibn `Abbas (may Allah be pleased with him) who reported that the Prophet (peace and blessings of Allah be upon him) said, “Whoever you find doing the deed of the people of Lut, kill them.” And it was also reported that he (peace and blessings of Allah be upon him) said: “Whoever has intercourse with a woman who is his Mahram, kill him.” And according to another Hadith with the same Isnad (chain of narration), “Whoever has intercourse with an animal, kill him and kill the animal with him.” (Narrated by Ahmad, 2420; Abu Dawud, 4464; At-Tirmidhi, 1454; Al-Hakim, 4/355)
This ruling is in accordance with the ruling of Shari`ah, because the worse the forbidden action is, the more severe the punishment for it. Having intercourse in a manner that is not permissible under any circumstances is worse than having intercourse in a manner which may be permitted in some circumstances, so its punishment is more severe. This was stated by Ahmad in one of the two reports narrated from him.” (Zad Al-Ma`ad, part 5, pp. 40-41)
Lesbianism in Islam
The same applies to the sin of lesbianism . There is no doubt among the jurists that lesbianism is prohibited and is a major sin, as stated by Ibn Hajar (may Allah have mercy on him). (Al-Mawsu`ah Al-Fiqhiyyah, part 24, p. 251)
Punishment for homosexuality in Islam
With regard to the specific type of punishment mentioned in the question – stoning to death – this kind of punishment is for the adulterer who is married. The Shar`i punishment for the crime of homosexuality is execution – by the sword, according to the most correct view – as was narrated in the discussion above about the differences among the scholars as to how this execution should be carried out.
Punishment for lesbianism in Islam
As far as lesbianism is concerned, there is no prescribed punishment for it, but it is subject to Ta`zir [unspecified punishment to be determined at the discretion of the judge]. (Al-Mawsu`ah Al-Fiqhiyyah, part 24, p. 253)
Does Allah forgive homosexual acts?
But if the person who does this evil deed, or any other action which is subject to a prescribed punishment, repents, gives up that sin, seeks forgiveness, regrets what he has done and intends never to go back to it – Shaykh Al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about that, and he answered:
If a homosexual truly repents to Allah , Allah will accept his repentance, and he does not need to confess his sin to anyone so that the prescribed punishment would be carried out on him. (Majmu` Al-Fatawa, part 34, p. 180)
Allah says (interpretation of the meaning):
“And those who do not invoke1 with Allāh another deity or kill the soul which Allāh has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will receive a penalty. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allah with true repentance.” [Al-Furqaan 25:69-71]
Can homosexuals get married?
If a homosexual repents sincerely towards Allah, there is no reason why he should not get married , and indeed it may be obligatory in his case, as a protection for him and in accordance with what Allah has permitted.
And Allah knows best. | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=7 | https://islamqa.info/en/answers/5177/does-allah-forgive-homosexual-acts | 177 | 5,177 |
675 | Tawbah (repentance) from homosexuality | Question
What is required of the man who repents homosexuality? | Praise be to Allah.It is obligatory on both of them - the active and the passive partners - to repent to Allah
urgently, passionately and sincerely for no worse combination of punishments was sent by
Allah as the ones in the case of the people of Lut (asws), who used to commit this filthy
crime. The combination of punishments was as follows:
They were blinded and left groping, as Allah said, “fa-tamasna a’yoonahum” (i.e.,
blinded them).
A thunderous cry (tore their hearts) (al-sayha)
Their homes were turned upside down.
Allah rained upon them a storm of stones of baked clay prepared specifically for them
and destroyed them completely.
Accordingly the punishment if Islam for sodomy is death whether the two involved are
married or unmarried. Said the Prophet
(peace be upon him): “Whomsoever you
find committing the act, kill them: both the active and the passive partners.” (Abu Dawood,
Tirmidhi, and Ibn Majah, authenticated sahih by al-Albani, Arwaa’ ul-Ghaleel 2350) | Adulteryfornication and homosexuality | https://islamqa.info/en/categories/topics/177/adulteryfornication-and-homosexuality?page=8 | https://islamqa.info/en/answers/35/tawbah-repentance-from-homosexuality | 177 | 35 |
676 | Can Menstruating Women Enter Al-Masjid An-Nabawi? | Question
Is it permissible for a woman to enter the sanctuary of Madinah when she is menstruating? What should she do if she is menstruating and she enters the city of the Messenger of Allah (peace and blessings of Allah be upon him)? | Praise be to Allah.Menstruating women are not forbidden to enter Makkah or Madinah. There is nothing in the texts to suggest that they are not allowed to enter these cities. Rather the texts indicate the opposite.
Women who come for Hajj and `Umrah can be menstruating and the only thing that they are not allowed to do is to circumambulate the Ka`bah.
`Aishah (may Allah be pleased with her) was with the Prophet (peace and blessings of Allah be upon him) during the Farewell Pilgrimage and she got her menses before she entered Makkah, but he (peace and blessings of Allah be upon him) did not tell her not to enter the city until she became pure (her period ended)! Rather he told her to do all the rituals of Hajj except for Tawaf around the Ka`bah, which she was to delay until she became pure. He (peace and blessings of Allah be upon him) said: “Do everything that the pilgrims do, but do not circumambulate the House until you become pure.” (Narrated by Al-Bukhari, 305 and Muslim, 1211)
Don’t the women who live in Madinah also menstruate? Do they go out of the city at that time? The point is that there is nothing wrong with a menstruating woman entering Makkah or Madinah and staying there. It is very clear and there is no need to look for evidence.
With regard to a menstruating woman entering the mosque (whether it is Al-Masjid Al-Haram in Makkah, or Al-Masjid An-Nabawi (the Mosque of the Prophet (peace and blessings of Allah be upon him) in Madinah), or any other mosque, we have explained in the answer to question no. 33649 that it is not permissible for a menstruating woman to enter the mosque.
For more details, please refer to the following answers: 60213 , 146758 , and 33649 .
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/69758/can-menstruating-women-enter-al-masjid-an-nabawi | 135 | 69,758 |
677 | Etiquette of Visiting the Prophet’s Mosque | Question
If the pilgrim performing Hajj or `Umrah wants to visit the Prophet’s Mosque, should he form the intention of visiting the mosque or of visiting the grave of the Prophet (peace and blessings of Allah be upon him)? And what is the etiquette of visiting the Prophet’s Mosque? | Praise be to Allah.Shaykh Muhammad ibn `Uthaymin (may Allah have mercy on him) said:
Understanding the Purpose of the Visiting the Prophet’s Mosque
“If the pilgrim wants to visit the Prophet’s Mosque before or after Hajj, he should have the intention of visiting the mosque, not the grave, because travelling to a place for the purpose of worship does not include visiting graves, rather it includes only the three mosques: Al-Masjid Al-Haram (the Sacred Mosque in Makkah), Al-Masjid An-Nabawi (the Prophet’s Mosque in Madinah) and Al-Masjid Al-Aqsa (in Jerusalem), as it says in the Hadith which was narrated from the Prophet (peace and blessings of Allah be upon him) who said: “No journey should be undertaken to any mosque except three: Al-Masjid Al-Haram, this mosque of mine and Al-Masjid Al-Aqsa.” (Narrated by Al-Bukhari, 1189 and Muslim, 1397)
Entering the Prophet’s Mosque: The Proper Procedure
When the pilgrim reaches the Prophet’s Mosque, he should enter with his right foot first and say, “Bismillah was-salatu was-salam `ala Rasulillah. Allahumma ighfir li dhunubi waftah li abwab rahmatika. A`udhu Billah il-`adhim wa bi wajhihil-karim wa bi sultanihil-qadim min Ash-shaytan ir-rajim (In the name of Allah, and peace and blessings be upon the Messenger of Allah. O Allah, forgive my sins and open to me the gates of Your mercy. I seek refuge in Allah the Almighty and in His noble Face and in His ancient Power, from the accursed devil).” Then he should pray as he likes.
Praying in Ar-Rawdah: A Special Virtue
It is better for him to pray in Ar-Rawdah which is the area between the pulpit of the Prophet (peace and blessings of Allah be upon him) and the room in which is his grave, because this area is one of the gardens (Riyad, sing. Rawdah) of Paradise.
Etiquette of Visiting the Prophet’s Grave
When he has prayed and wants to visit the grave of the Prophet (peace and blessings of Allah be upon him), he should stand in front of it in a dignified manner and say, “As-salamu `alayka ayyuhan-Nabiyyu wa rahmat-Allahi wa barakatuhu. Allahumma salli `ala Muhammad wa `ala ali Muhammad kama salayta `ala Ibrahim wa `ala ali Ibrahim, innaka hamidun majid; Allahumma barik `ala Muhammad wa `ala ali Muhammad kama barakta `ala Ibrahim wa `ala ali Ibrahim, innaka hamidun majid. Ashhadu annaka Rasul-Allah haqqan wa annaka qad balaghta Ar-risalah wa adayta Al-amanah wa nasahta Al-ummah wa jahadta fillahi haqqa jihadihi. Fa jazaka Allahu `an ummatika afdal ma jaza nabiyyan `an ummatihi.
(Peace be upon you, O Prophet, and the mercy of Allah, and His blessings. O Allah, send prayers upon Muhammad and upon the family of Muhammad, as You sent prayers upon Ibrahim and the family of Ibrahim, verily You are Worthy of Praise, Full of Glory. O Allah, send blessings upon Muhammad and upon the family of Muhammad, as You sent blessings upon Ibrahim and the family of Ibrahim, verily You are Worthy of Praise, Full of Glory. I bear witness that you are indeed the Messenger of Allah, that you conveyed the message and fulfilled the trust, and advised the Ummah and strove truly for the sake of Allah. May Allah reward you on behalf of your Ummah better than any Prophet is rewarded on behalf of his nation).”
Visiting the Companions’ Graves
Then he should move a little to his right and send Salams upon Abu Bakr As-Siddiq and pray that Allah be pleased with him.
Then he should move a little further to his right and send Salams upon `Umar ibn Al-Khattab and pray that Allah be pleased with him. If he makes Du`a for Abu Bakr and `Umar (may Allah be pleased with them) in an appropriate manner, that is good.
It is not permissible for anyone to seek to draw closer to Allah by touching the room of the Prophet (peace and blessings of Allah be upon him) or by circumambulating it, or by facing it whilst making Du`a. Rather he should turn to face the Qiblah, because drawing closer to Allah can only be done by means of that which Allah and His Messenger have prescribed. Acts of worship are based on following not on innovation.
Etiquette for Women Visiting the Prophet’s Mosque
Women should not visit the grave of the Prophet (peace and blessings of Allah be upon him) or any other grave, because the Prophet (peace and blessings of Allah be upon him) cursed women who visit graves. (Narrated by At-Tirmidhi and classed as sound by Al-Albani in Sahih At-Tirmidhi, 843)
Rather a woman should pray and send blessings upon the Prophet (peace and blessings of Allah be upon him) in the place where she is, and that will reach the Prophet (peace and blessings of Allah be upon him) no matter where she is.
The Prophet (peace and blessings of Allah be upon him) said: “Send blessings upon me, for your blessings will reach me no matter where you are.” And he said, “Allah has angels who travel about throughout the land, conveying to me the Salams of my Ummah.” (Narrated by An-Nasa’i, 1282; classed as authentic by Al-Albani in Sahih An-Nasa’i, 1215)
Visiting Other Holy Sites
Only men should visit Al-Baqi`, which is the graveyard of Madinah. They should say: “As-Salamu `alaykum ahl Ad-diyar min Al-mu’minin wal-muslimin, wa inna in sha Allah bikum lahiqun. Yarham Allah Al-mustaqdimina mina wa minkum wal-musta’khirin. Nas’al Allah lana wa lakum Al-`afiyah. Allahumma la tahrimna ajrahum wa la taftinna ba`dahum waghfir lana wa lahum.
(Peace be upon you, O dwellers of these abodes, believers and Muslims. We will, when Allah wills, join you. May Allah have mercy on those who were first (to die) and those who were last. We ask Allah to grant salvation to us and you. O Allah, deprive us not of reward (similar to theirs) and lead us not astray after they are gone; forgive us and them).”
If the pilgrim then wants to go to Mount Uhud and remember what happened there to the Prophet (peace and blessings of Allah be upon him) and his companions in that battle of Jihad, trials and martyrdom, and send Salams upon the martyrs there, such as Hamzah ibn `Abd Al-Muttalib (may Allah be pleased with him), the paternal uncle of the Prophet (peace and blessings of Allah be upon him), there is nothing wrong with that, because that is a kind of travelling through the land as enjoined (in Islam) [cf. An-Nahl 16:36].” (End quote from Al-Manhaj li Murid Al-`Umrah wal-Hajj)
For more details, please see the following answers: 36647, 34752, 115693, 21960.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/34464/etiquette-of-visiting-the-prophets-mosque | 135 | 34,464 |
678 | Virtues of Makkah and Madinah | Question
Is living in the city of the Messenger of Allah better, or living in Makkah Al-Mukarramah? What are the differences that make one of the two cities better than the other, apart from the difference of virtue of praying in the two Harams? | Praise be to Allah.Which city is the best for living as a Muslim?
The best spot on earth, in and of itself, is Makkah, then Madinah.
With regard to individuals, what is best for each person is to live in the city where his faith will increase and he will be able to worship and obey Allah, may He be Exalted, more.
Shaykh Al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
“The best place on earth for each individual is the land where he will be more able to obey Allah and His Messenger, which varies according to circumstances. There is no specific land in which it is best for a person to reside. Rather what is best for each individual is to be determined based on the degree to which he will be able to attain piety, obedience, humility before Allah, submission and focus on worship. Abu Ad-Darda’ (may Allah be pleased with him) wrote to Salman (may Allah be pleased with him), saying: Come to the holy land. Salman wrote to him: The land does not sanctify anyone; rather what sanctifies a person is his deeds.” (Majmoo‘ Al-Fatawa, 18/283)
Virtues of Makkah
Makkah is distinct from Madinah and other cities because of a number of virtues, of which we will mention the following:
One prayer in Al-Masjid Al-Haram in Makkah is better than one hundred thousand prayers offered in any other mosque, except Al-Masjid An-Nabawi [the Prophet’s mosque], in which one prayer is better than a thousand prayers offered elsewhere.
Makkah is unique in that it is the place where Hajj and ‘Umrah are performed, people circumambulate the Ka‘bah, touch the Black Stone and the Yemeni Corner (Ar-Rukn Al-Yamani), and do Sa‘i between As-Safa and Al-Marwah.
Allah, may He be Exalted, swears by it, as He says (interpretation of the meaning): “I swear by this city (Makkah)” [Al-Balad 90:1].
Allah, may He be Exalted, decreed Makkah to be a sanctuary the day He created the heavens and the earth, which is not the case with Madinah.
The sanctity of Makkah is greater than that of Madinah.
Shaykh Ibn ‘Uthaymin (may Allah have mercy on him) said:
“Madinah is a sanctuary and enjoys sanctity, but its sanctity is much less than that of Makkah. No Muslim can come to the sanctuary of Makkah from outside the Haram boundary, unless he is in the state of Ihram, and he must enter Ihram. That is not so in the case of Madinah.
In the sanctuary of Makkah, the grass and trees (i.e., all plants) are protected, whereas in the sanctuary of Madinah, a concession is granted regarding some of its trees for the purpose of agriculture and the like.
Hunting game in Makkah is prohibited, and a penalty must be paid for that, whereas no penalty is required for hunting game in Madinah.
The point is that the safest place is Makkah, where even the trees are safe, and even game animals are safe.” (Liqa’ Al-Bab Al-Maftooh, 103/2)
Virtues of Madinah
Madinah is the location of Hijrah (migration), the place where the Muhajirin and Ansar came together. And it is the centre of Jihad, from which the armies marched forth and campaigns were launched, from which lands were conquered, the religion spread and Shirk and its people were defeated.
In Madinah, most of the verses on rulings and laws were revealed. When the Prophet (blessings and peace of Allah be upon him) conquered Makkah, he did not settle there; rather he returned to Madinah, the city to which he had migrated, and lived there until he died and was buried in that city.
Al-Bukhari (3778) and Muslim (1059) narrated that Anas (may Allah be pleased with him) said: The Ansar said on the day of the conquest of Makkah, when (the Prophet (blessings and peace of Allah be upon him) gave (some of the booty) to Quraysh: By Allah, this is strange. Our swords are still dripping with the blood of Quraysh, and our spoils have been given to them! News of that reached the Prophet (blessings and peace of Allah be upon him), so he summoned the Ansar and said: “What is this that I have heard about you?” They were people who never told lies, so they said: It is what you have heard. He (blessings and peace of Allah be upon him) said: “Does it not please you that the people are going back to their houses with worldly gains whilst you are going back to your houses with the Messenger of Allah? If the Ansar were to follow a valley or mountain pass, I would follow the valley or mountain pass of the Ansar.”
Al-Bukhari (1871) and Muslim (1382) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “I have been enjoined (to go to) a city which supersedes other cities. They say Yathrib, but it is Madinah. It purifies people as the bellows eliminates the impurities of iron.”
An-Nawawi (may Allah have mercy on him) said:
“With regard to it superseding all other cities, they mentioned two meanings, the first of which is that it was the centre for the armies of Islam in the beginning, and from it other cities were conquered and their wealth and captives seized. The second meaning is that it superseded and its food and provision came to it from the conquered cities, from which booty was brought to it.” (Sharh An-Nawawi ‘Ala Muslim, 9/154)
Al-Bukhari (1876) and Muslim (147) narrated from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Faith will retreat to Madinah as a snake retreats to its hole.” (Mirqat Al-Mafateeh, 1/243)
Madinah is the gathering-point of the Muslims in the beginning and at the end. An-Nawawi (may Allah have mercy on him) said:
“Faith will retreat to Madinah” – what is meant is that this is how faith is in the beginning and at the end, because at the beginning of Islam, everyone whose faith was sincere and whose Islam was valid came to Madinah, either as a Muhajir (migrant) coming to settle there, or out of a longing to see the Messenger of Allah (blessings and peace of Allah be upon him), and to learn from him and be near to him; then after that, at the time of the caliphs, people did the same, so they came to learn about the straight path from them and follow the example of the majority of the Companions (may Allah be pleased with them) living there; then after that, they came to learn from the scholars of Madinah who were a shining lamp of that era, and the Imams of guidance, to learn Islam and the Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him) that the Companions narrated to subsequent generations…. Therefore everyone who was steadfast in faith and at ease with it would travel there. “ (Sharh An-Nawawi ‘Ala Muslim, 2/177)
In Madinah there is the Prophet’s Mosque and the blessed Rawdah. Al-Bukhari (1196) and Muslim (1391) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “The area between my house and my minbar is one of the gardens of Paradise, and my minbar is upon my cistern (Hawd).”
In it is the valley of Al-‘Aqiq, which is a blessed valley. Al-Bukhari (1534) narrated from Ibn ‘Abbas (may Allah be pleased with him) that he heard ‘Umar (may Allah be pleased with him) say: I heard the Prophet (blessings and peace of Allah be upon him) saying in the valley of Al-‘Aqiq: “Last night someone came to me from my Lord and said: ‘Pray in this blessed valley, and say: (I intend to do) ‘Umrah and Hajj.’”
No one intends ill towards the people of Madinah but Allah will destroy him.
Al-Bukhari (1877) and Muslim (1363) narrated that Sa‘d (may Allah be pleased with him) said: I heard the Prophet (blessings and peace of Allah be upon him) say: “No one plots against the people of Madinah but Allah will cause him to dissolve as salt dissolves in water.”
Whomever Allah blesses by causing him to live in Makkah, congratulations to him; and whomever Allah blesses by causing him to live in Madinah, congratulations to him; and whomever Allah blesses with piety – no matter where on Allah’s earth he lives – congratulations to him.
For more details, please see the following answers: 146927 , 228704 , 20965 , and 47736 .
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/235370/virtues-of-makkah-and-madinah | 135 | 235,370 |
679 | Are Makkah and Madinah protected from the plague and pandemics such as swine flu? | Question
Is it possible for swine flu or other pandemics, or the plague, to spread in Makkah and Madinah, or are they protected from epidemics and pandemics? | Praise be to Allah.Makkah and Madinah are not entirely safe from epidemics. There was an epidemic in Madinah during the caliphate of ‘Umar ibn al-Khattaab (may Allah be pleased with him). Al-Bukhaari (2643) narrated that Abu’l-Aswad said: I came to Madinah and there was a sickness there, and they were dying quickly. I sat with ‘Umar (may Allah be pleased with him)…
But it is proven from the Prophet (blessings and peace of Allah be upon him) that the plague will not enter Madinah. According to some versions of the hadith, it will not enter Makkah either.
Al-Bukhaari (1880) and Muslim (1379) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “On the roads leading to Madinah there are angels and neither the plague nor the Dajjaal will enter it.”
Al-Haafiz said in al-Fath:
In some of the narrations of the hadith of Abu Hurayrah it says: “Madinah and Makkah are surrounded by angels; on every road leading to them there is an angel, and neither the Dajjaal nor the plague will enter it.” Narrated by ‘Umar ibn Shabbah in Kitaab Makkah, via Shurayh from Fulayh from al-‘Alaa’ ibn ‘Abd ar-Rahmaan from his father, from Abu Hurayrah, from the Prophet (blessings and peace of Allah be upon him). The men of its isnaad are the men of as-Saheeh. End quote.
An-Nawawi (may Allah have mercy on him) narrated from Abu’l-Hasan al-Madaa’ini that no plague had ever occurred in Makkah and Madinah.
Al-Adhkaar, p. 139.
But some of the scholars stated that the plague entered Makkah in 749 AH.
Al-Haafiz Ibn Hajar (may Allah have mercy on him) responded to that by noting that it was not the plague; rather it was some other epidemic, but the one who narrated that thought that it was the plague.
Conclusion:
Makkah and Madinah are protected against the plague, but they are not protected against other diseases and epidemics.
We ask Allah to grant safety and well-being to all the Muslims.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/131887/are-makkah-and-madinah-protected-from-the-plague-and-pandemics-such-as-swine-flu | 135 | 131,887 |
680 | Is it permissible to take stones or earth from Muzdalifah or from the Haram? | Question
I have a question about Hajj. I performed Hajj last year and while we were in Muzdalifa collecting pebbles for throwing at Jamarat, I took two stones from some nearby mountain just because I liked them and I still keep them at home. Is this something permissible or shall I get rid of them? And if yes how? Is Muzdalifa considered the sacret area of Mekkah as well? Thank you for your answer. | Praise be to Allah.Firstly:
We ask Allah to accept your Hajj and we hope that you will be among those whose sins are forgiven and those who go back from their Hajj with no sin.
Secondly:
Muzdalifah is one of the holy places and is within the boundary of the Haram zone. In His Book, Allah, may He be exalted, called it al-Mash‘ar al-Haraam [the sacred place], as He says (interpretation of the meaning): “But when you depart from 'Arafat, remember Allah at al- Mash‘ar al-Haraam” [al-Baqarah 2:198].
Ibn Hazm al-Andalusi (may Allah have mercy on him) said:
With regard to Muzdalifah, it is al-Mash‘ar al-Haraam, and it is part of the Haram zone.
Al-Muhalla (7/188).
An-Nawawi (may Allah have mercy on him) said:
It should be understood that all of Muzdalifah is part of the Haram zone.
Sharh Muslim (8/187).
Thirdly:
It is not appropriate to take anything that is part of Makkah or Madinah (such as stones or sand), because it is not proven that any of the early generations of this ummah did that. That is because it is likely that people would venerate these things and believe that they could bring some benefit, which is something that Islam came to oppose and bar the way to such notions. If someone requests you to bring home Zamzam water, that is permissible, because it is proven that the Prophet (blessings and peace of Allah be upon him) and his companions did that, because he told us that it is blessed water in which there is healing, by Allah’s leave. But as for other things, such as earth from ‘Arafah or pebbles from Muzdalifah, and the like, no one should take such things with him to his country.
The scholars differed concerning the ruling on taking earth and stones from the Haram. There are three opinions: that it is permissible; that it is disliked (makrooh); and that it is prohibited (haraam). The view of the Hanafis is that it is permissible; the view of some of the Shaafa‘is is that it is makrooh, but the view of the majority of Shaafa‘is is that it is haraam, which is the only view that should be followed, if it is known that the person who takes such things intends to seek blessing (barakah) from them, or to venerate them, because the earth and stones of the Haram are not things from which blessing is to be sought, whether they are where they belong in the Haram or outside of that area.
The difference of opinion among the scholars mentioned above has to do only with simply taking these things from the Haram, not seeking blessing from them or venerating them.
Imam ash-Shaafa‘i (may Allah have mercy on him) said:
It is not good to take anything of the stones or earth of the Haram outside of the Haram zone, because it is proven to be sacred and thus it is different from all other lands. I do not think – and Allah, may He be exalted, knows best – that it is permissible for anyone to remove anything from the place that Allah made different to all other lands and place it in any ordinary [non-sacred] land.
End quote.
Al-Umm (7//155).
Ibn Hazm (may Allah have mercy on him) said:
Nothing of the earth or stones of the Haram should be taken outside of the Haram zone. … It was narrated that ‘Ataa’ said: It is makrooh to take earth from the Haram outside the Haram zone, or to bring earth from outside into the Haram zone.
This is also the view of Ibn Abi Layla and others. But there is nothing wrong with taking Zamzam water out (of the Haram zone), because the sanctity of the Haram only applies to the land and its earth and stones. So it is not permissible to cause such material to lose their sanctity (by removing them from the Haram zone), but there is no such prohibition with regard to the water. End quote.
Al-Muhalla (7/262, 263).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) was asked:
He wants to do Hajj, and has been given a number of requests. He says that a number of people have asked him to bring them something from Makkah and Madinah, such as stones, water or a little bit of earth, and the like. What should I do?
He replied:
With regard to the requests that he referred to, that he should bring those who requested it some earth or water or rocks from the Haram, he does not have to fulfil these requests; he can say no, and he can tell them that if their request had been that he should pray to Allah for them in these holy places, that would have been better and more appropriate.
If, instead of responding to these requests, he prays to Allah for them in these holy places that Allah grant them that which is good for them in their religious and worldly affairs, that will be better and more appropriate. End quote.
Fataawa Noor ‘ala ad-Darb.
Fourthly:
Anyone who has taken some of the earth of the Haram out of the Haram zone should seek forgiveness for his action from Allah, may He be exalted, first of all. Then he should return it to any spot within the Haram zone, if he is able to do so. He does not have to put it back himself; rather if he gives it to someone whom he trusts to put it back, that is permissible. If he is not able to do either of these things, then he should put it in any place that is pure and clean. Allah, may He be exalted, says (interpretation of the meaning): “Allah does not charge a soul except [with that within] its capacity” [al-Baqarah 2:286].
It says in al-Mawsoo‘ah al-Fiqhiyyah (17/195):
The Shaafa‘is clearly stated that it is haraam to remove earth or stones, or anything that is made from its clay – such as jugs and the like – from the Haram to areas beyond the Haram boundary, and it is obligatory to return such things to the Haram. End quote.
Al-Maawirdi (may Allah have mercy on him) said:
If someone has removed any of the stones or earth of the Haram, he must return it to its proper place and bring it back to the Haram zone. End quote.
Al-Haawi fi’l-Fiqh ash-Shaafa‘i (4/314)
Also narrated from him and confirmed by an-Nawawi in al-Majmoo‘ (7/460).
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/107466/is-it-permissible-to-take-stones-or-earth-from-muzdalifah-or-from-the-haram | 135 | 107,466 |
681 | Righteous deeds in Makkah are better than those done elsewhere, but we do not know to what degree they are better, except in the case of prayer | Question
“Fasting Ramadan in Makkah is equivalent to fasting one thousand months elsewhere.” Is this a saheeh hadith? | Praise be to Allah.
It is not saheeh;
it is a da‘eef (weak) hadith that is not soundly narrated. Rather what is
proven mentions the prayer only; one prayer in al-Masjid al-Haraam is
equivalent to one hundred thousand prayers offered elsewhere, and one prayer
in the Mosque of the Prophet (blessings and peace of Allah be upon him) is
better than a thousand prayers offered elsewhere. As for fasting, there is
no proven report about it, except for a da‘eef hadith which says that it
[fasting Ramadan in Makkah] is better than one hundred thousand elsewhere.
But it is da‘eef (weak). However, righteous deeds have a special virtue when
done in Makkah; fasting, giving charity, reciting adhkaar and other
righteous deeds have a special virtue. But there is no evidence to prove the
degree to which they are better (than righteous deeds done elsewhere), apart
from prayer. End quote. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/118128/righteous-deeds-in-makkah-are-better-than-those-done-elsewhere-but-we-do-not-know-to-what-degree-they-are-better-except-in-the-case-of-prayer | 135 | 118,128 |
682 | Does “committing evil” in al-Madinah al-Munawwarah include all kinds of sin? | Question
I heard that whoever commits a sin in al-Madinah al-Munawwarah, upon him will be the curse of Allah, the angels and all the people. Does this warning include all sins, minor or major? | Praise be to Allah.The prohibition on committing evil in Madinah in mentioned in several hadiths, including the following:
It was narrated from Anas (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Madinah… Is a sanctuary from such and such, to such and such. Whoever commits evil (man ahdatha hadathan) in it, upon him will be the curse of Allah, the angels and all the people.” Narrated by al-Bukhaari (1867) and Muslim (1366)
It was also proven in the hadith of ‘Ali (may Allah be pleased with him); narrated by al-Bukhaari (1870) and Muslim (1370).
And in the hadith of Abu Hurayrah (may Allah be pleased with him); narrated by Muslim (1371).
These hadiths, as mentioned above, use the wording “man ahdatha (commits evil)”, not “man adhnaba (whoever sins).”
There are a number of scholarly views concerning the meanings of the phrase “man ahdatha hadathan”:
1. The first view is that it means: whoever commits a sin.
Al-Qaadi ‘Iyaad (may Allah have mercy on him) said:
The words, “Whoever commits evil (man ahdatha hadathan), or gives refuge to an evildoer” mean: whoever commits a sin or gives refuge to someone who commits a sin, and protects him and lets him join him. This is similar to the verse in which Allah, may He be exalted, says concerning Makkah (interpretation of the meaning): “And whoever inclines to evil actions therein or to do wrong (i.e. practise polytheism and leave Islamic Monotheism), him We shall cause to taste a painful torment” [al-Hajj 22:25].
2. The second view is that it does not refer to sin in general terms; rather it refers to a specific sin. This is what may be indicated by the wording in the religious text and by what the people to whom the text was first addressed would have understood from the words “ahdatha hadathan”, which may refer to one of two things:
The first thing is wrongdoing, crimes and stirring up of troubles and turmoil.
Ibn Hajar (may Allah have mercy on him) said:
What is meant by hadath (translated in this instance as evil) and muhdith (translated in this instance as evildoer) is wrongdoing and wrongdoer, as was suggested by some scholars, or it may mean something broader than that.
End quote from Fath al-Baari (4/84)
What may be quoted to support this view is the hadith of ‘Aa’ishah (may Allah be pleased with her), who said: None of their women – i.e., Banu Qurayzah – was executed except one woman, who was with me, talking and laughing so hard that she rolled on her back and her belly, whilst the Messenger of Allah (blessings and peace of Allah be upon him) was killing their men with swords. Suddenly a man called out her name: Where is So-and-so? She said: Here I am. I said: What did you do? She said: Some evil that I committed (hadathun ahdathtuhu). Then she was taken away and executed.
Narrated by Abu Dawood (2671); classed as hasan by al-Albaani in Saheeh Sunan Abi Dawood (2671).
It was said that the evil in question was that she had killed a man among the Sahaabah by throwing a millstone on him.
The second thing to which it may refer is introducing innovations in religion, as in the hadith of ‘Aa’ishah (may Allah be pleased with her) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever introduces (ahdatha) something into this matter of ours that is not part of it, it will be rejected.” Narrated by al-Bukhaari (2697) and Muslim (1718).
And it says in the well-known hadith: “Beware of newly-invented matters (muhdathaat al-umoor), for every newly-invented matter is an innovation…” Narrated by Abu Dawood (4607); classed as saheeh by al-Albaani in Saheeh Sunan Abi Dawood (4607)
According to this view, ihdaath does not include all sins; rather it refers to committing something bad that is contrary to what is prescribed in religion, that could harm the Muslim community, whether in their religious or worldly affairs.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
He said: “Madinah is a sanctuary, between ‘Iyr and Thawr; whoever commits evil in it (man ahdatha fiha hadathan) or gives refuge to an evildoer, upon him will be the curse of Allah, the angels and all the people.”
What is meant by ihdaath is more specific than just committing a wrong action; rather what is meant is one who introduces in it an innovation that is contrary to what is taught and prescribed. Crimes may be called ahdaath (lit. events or incidents), and what they mean by ihdaath is introducing something that was not there before.
End quote from Majmoo‘ al-Fataawa (6/328-329)
The view that it includes crimes and innovations, but does not include sins in the general sense of the word, is what Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) thought most likely to be correct when he said:
“Whoever commits evil in it (man ahdatha fiha hadathan) – i.e., Madinah – or gives refuge to an evildoer” – here what is meant is two things:
The first is innovation. So whoever introduces an innovation in it has committed evil (ahdatha) in it, because the Prophet (blessings and peace of Allah be upon him) said: “Every newly-introduced matter (muhdathah) is an innovation, and every innovation is a going astray.” So whoever commits evil (ahdatha hadathan) in it – i.e., introduces into the religion of Allah something that Allah did not prescribe – in Madinah, upon him will be the curse of Allah, the angels and all the people, meaning that he deserves to be cursed by every curser – Allah forbid. That is because Madinah is the city of the Sunnah, the city of Prophethood, so how can innovation be introduced in it that is contrary to the Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him)?
The second is fitnah (turmoil), in the sense of stirring up turmoil among the Muslims, whether that leads to bloodshed or something less than that of enmity, hatred and division. Whoever commits this evil, upon him will be the curse of Allah, the angels and all the people.
As for the one who commits sin (ahdatha ma‘siyah) and disobeys Allah in Madinah, this warning does not apply to him; rather it may be said that a bad deed committed in Madinah is more serious than a bad deed committed elsewhere, but the doer does not deserve to be cursed; rather the one who deserves to be cursed is the one who commits evil (ahdatha hadathan) in it by doing one of two things: either by introducing innovation or by stirring up turmoil. This is the one upon whom will be the curse of Allah, the angels and all the people.
End quote from Sharh Riyadh as-Saaliheen (6/213-214)
Conclusion:
Committing evil (ihdaath) in Madinah includes crimes, innovation and stirring up turmoil (fitan) that lead to bloodshed, division, enmity and hatred among the Muslims, and it does not refer to all sins in general terms.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/228704/does-committing-evil-in-al-madinah-al-munawwarah-include-all-kinds-of-sin | 135 | 228,704 |
683 | Who was it that defined the boundaries of the Haram? | Question
Who was it that defined the boundaries of the Haram? | Praise be to Allah.
The one who
first defined the boundaries of the Haram was the Prophet of Allah Ibraaheem
(peace and blessings of Allah be upon him and upon our Prophet), by the
command of Allah and on the basis of what He revealed to him.
An-Nawawi (may
Allah have mercy on him)said:
Al-Azraqi and
others stated, with their isnaads, that Ibraaheem al-Khaleel (peace be upon
him) defined the boundary and set up markers for it, and Jibreel (peace be
upon him) showed him where to place them. Then our Prophet (blessings and
peace of Allah be upon him) was instructed to renew them, and they were
subsequently renewed by ‘Umar, then ‘Uthmaan, then Mu‘aawiyah (may Allah be
pleased with them all), and until the present they have remained well-known,
visible and clear, praise be to Allah. At the end of Kitaab Makkah,
al-Azraqi said: With regard to the boundary markers of the Haram that are at
the top of ath-Thaniyyah, whatever is in front of them is within the Haram
zone, and whatever is behind them is outside the Haram zone. Part of al-A‘shaash
is outside the Haram zone and part of it is inside the Haram zone.
End quote from
Sharh al-Muhadhdhab (7/463)
It was narrated
from Ibn ‘Abbaas (may Allah be pleased with him) that the Messenger of Allah
(blessings and peace of Allah be upon him) sent Tameem ibn Asad al-Khuzaa‘i
to renew the boundary markers of the Haram. They had been placed by
Ibraaheem (peace be upon him), and Jibreel (peace be upon him) showed him
where to put them. Narrated by Abu Na‘eem in Ma‘rifat as-Sahaabah
(1/425). Its isnaad was classed as hasan by al-Haafiz Ibn Hajar (may Allah
have mercy on him) in al-Isaabah fi Tamyeez as-Sahaabah, in his
biography of Tameem ibn Asad al-Khuzaa‘i (may Allah be pleased with him)
(1/367)
And Allah knows
best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/175685/who-was-it-that-defined-the-boundaries-of-the-haram | 135 | 175,685 |
684 | She found a watch in Makkah, then she threw it in the trash | Question
I went for Hajj, and I stayed for a month. After I arrived, I did ‘umrah and exited ihram. One day I circumambulated the Ka‘bah, and I found a watch that was not of any value, as some parts of it were broken, but it was working. At that time my watch was not working, and I needed to know the time, especially the times of prayer, because I was staying in al-‘Azeeziyyah, which is far away from the Haram. So I picked it up and used it during my stay in Makkah, then when I had finished the rituals of Hajj and I went to Madinah, I got rid of it by throwing it in the trash. What is the ruling on what I did? How can I expiate this sin? Please note that I think it most likely that I was not in a state of ihram. What is the expiation if I was in a state of ihram and if I was not in a state of ihram? | Praise be to Allah.
Firstly:
Islamic teaching
is very strict concerning the ruling on what one may find of lost property
in Makkah, to the extent that the Prophet (blessings and peace of Allah be
upon him) said: “Its lost property is not permissible except for one who
will announce it.”
Narrated by al-Bukhaari
(109) and Muslim (2414).
What is meant by
lost property is anything that a person may drop or lose.
What is meant by
one who will announce it is one who will look for and ask about its owner.
What this hadith
means is that whoever finds any property in Makkah, it is not permissible
for him to pick it up unless he will stay and ask about its owner for the
rest of his life, and if he dies before finding its owner, he will leave
instructions to his children to ask about its owner or his heirs after him…
And so on.
As for property
that a person may find outside Makkah, he should ask about its owner for an
entire year, then after one year has passed he may make use of it, if he
does not find its owner.
This strict
teaching in Islam concerning lost property in Makkah is intended to protect
the property of the pilgrims performing Hajj and ‘umrah.
If a person sees
lost property and knows that if he picks it up he has to look for and ask
about its owner for the rest of his life, in most cases he will never pick
it up; rather he will leave it where it is, and this is what will be done by
everyone who sees it, until the owner of that property comes along and finds
his property in the place where he lost it.
Shaykh al-Islam
Ibn Taymiyah (may Allah have mercy on him) said: This is one of the unique
characteristics of Makkah. The difference between it and all other cities in
that regard is that people leave it and go to different regions, so the one
who has lost something will never be able to look for it and ask about it,
in contrast to other cities.
End quote from
Zaad al-Ma‘aad (3/398)
Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:
Lost property in
Makkah al-Mukarramah (which is anything that a person may come across) is
unique in that it is not permissible for anyone to pick it up except someone
who wants to announce it forever, or hand it in to the authorities who deal
with such property, because the Prophet (blessings and peace of Allah be
upon him) said: “Its lost property is not permissible except to one who will
announce it.” The wisdom behind that is that if lost property is left where
it is, perhaps the owners will come back and find it. End quote from
Fataawa Islamiyyah (2/311)
Based on that,
anyone who finds lost property in Makkah should leave it where it is, unless
there is the fear that someone may come and take it for himself, in which
case he may take it and give it to those who are in charge of looking after
lost property. People know that anyone who has lost something may go and ask
the government department that is in charge of that.
This is the
ruling on picking up lost property in Makkah.
This is what you
should have done when you found that watch then picked it up.
The fact that
you threw it in the trash indicates that you were afraid that you had done
something haraam, so you wanted to get rid of it so that you would not fall
into sin, but this was another mistake, and will not save you from the sin
of having taken it, because this is wasting and destroying property, and
Islam forbids us to waste wealth.
Secondly:
With regard to
your saying that this watch had no value at all,
it is not one of
the conditions of it being obligatory to look for and ask about the owner of
what one finds of lost property that it should be valuable; rather the
condition is that it should have value in the sense that the owner cares
about it and if he loses it he will ask about it, which is usually the case
with watches; their owners usually care about them and ask about them.
Thirdly:
As you did not
do what you were required to do when you picked up that watch, what you must
do now is give the value of that watch in charity on behalf of its owner,
and he will have the reward of that charity, and you will have repented from
that mistake and absolved yourself of sin. Thus you may expiate for this
sin.
It makes no
difference whether you were in a state of ihram or not at the time when you
picked it up.
We ask Allah,
may He be exalted, to accept your repentance.
And Allah knows
best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/220753/she-found-a-watch-in-makkah-then-she-threw-it-in-the-trash | 135 | 220,753 |
685 | “The area between my house and my minbar is one of the gardens of Paradise” | Question
It was narrated from the noble Messenger (blessings and peace of Allah be upon him) that he said: “The area between my grave and my minbar is one of the gardens of Paradise.” Al-Mu‘jam al-Awsat by at-Tabaraani (vol. 2, p. 120). What is the meaning of this phrase? Is it, I wonder, that if a visitor merely sits in the Prophet’s mosque between his grave and the prayer hall or the minbar, he will enter one of the gardens of Paradise? Why is this garden limited to this short distance between the minbar and the grave only? In other words, why does this garden not include all of the Prophet’s Mosque? The entire mosque is regarded as noble and holy, in fact the entire city, is blessed because of the Prophet (blessings and peace of Allah be upon him) migrating there, and because he settled and lived there. May Allah reward you with all good. | Praise be to Allah.
Firstly:
This hadeeth is one of the mutawaatir
hadeeths that were narrated via many chains of narration, such as the report
narrated by al-Bukhaari and Muslim from Abu Hurayrah (may Allah be pleased
with him) from the Prophet (blessings and peace of Allah be upon him), who
said: “The area between my house and my minbar is one of the gardens of
Paradise.” Narrated by al-Bukhaari (1196) and Muslim (1391).
With regard to the phrase “The area
between my grave and my minbar”, this is mentioned in the report of Ibn
‘Asaakir that is attributed to al-Bukhaari, or the version of Saheeh al-Bukhaari
transmitted by Ibn ‘Asaakir, and some of the scholars – such as Imam an-Nawawi
– continued to quote this version of the hadeeth. Rather, al-Bukhaari
himself, when he narrated the hadeeth in the chapter entitled Kitaab Fadl
as-Salaah fi Masjid Makkah wa al-Madinah (The virtue of prayer in the
mosques of Makkah and Madinah), with the wording “my house and my minbar”,
included it under a section heading “Fadl ma bayna al-qabr wa’l-minbar
(Virtue of the area between the grave and the minbar)”. Moreover this
wording is mentioned in some other hadeeths.
However, the scholars classed the wording
“my grave” as da‘eef (weak), for two reasons:
1.
It is contrary to the report of the majority of
narrators, hence it seems most likely that those who said “my grave” were
narrating the meaning but not the wording.
2.
If this wording were correct, the Sahaabah would have
known where to bury the Prophet (blessings and peace of Allah be upon him),
and they would not have disputed concerning it, or at least some of them
would have quoted this as evidence for choosing that spot. But we have no
report to indicate that such a thing happened. This indicates that the word
“my grave” is an error on the part of some of the narrators of the hadeeth.
Shaykh al-Islam Ibn Taymiyah (may Allah
have mercy on him) said:
What is proven from the Prophet (blessings
and peace of Allah be upon him) is that he said: “The area between my house
and my minbar is one of the gardens of Paradise.” This is what is proven in
as-Saheeh, but some of them narrated the meaning and said “my grave”
(instead of “my house”).
When the Prophet (blessings and peace of
Allah be upon him) said these words, he had not yet been buried. Therefore
none of the Sahaabah quoted this as evidence when they disputed as to where
he should be buried. If they had known that, then this would have served as
proof to settle the dispute. End quote.
Majmoo‘ al-Fataawa
(1/236)
Al-Haafiz Ibn Hajar (may Allah have mercy
on him) said:
The chapter heading mentions the grave,
but the two hadeeths mention the house, because the grave was dug inside the
house; in versions of the hadeeth the word “grave” is mentioned. Al-Qurtubi
said: The saheeh report mentions “my house”; in the case of those reports
which mention “my grave”, it is as if what is being narrated is the meaning,
because he was buried in the house where he had dwelt. End quote.
Fath al-Baari
(3/70)
He also (may Allah have mercy on him)
said:
The words “The area between my house and
my minbar” appear as such in the majority of reports. In the report of Ibn
‘Asaakir alone it says “my grave” instead of “my house”, which is an error.
This hadeeth appears earlier in Kitaab as-Salaah, just before (the
chapter on) funerals with this isnaad, saying “my house.” It also appears
thus in Musnad Musaddad, the book of the shaykh of al-Bukhaari.
Yes, in the hadeeth of Sa‘d ibn Abi
Waqqaas that is narrated in (the book of) al-Bazzaar, with an isnaad whose
men are thiqaat (trustworthy), and it narrated by at-Tabaraani from the
hadeeth of Ibn ‘Umar, it mentions the grave. Based on that, what is meant by
the house in the phrase “my house” is one of his houses, not all of them,
meaning the house of ‘Aa’ishah in which his grave is. The hadeeth was also
narrated in the words “The area between the minbar and the house of
‘Aa’ishah is one of the gardens of Paradise.” Narrated by at-Tabaraani in
al-Awsat. End quote.
Fath al-Baari
(4/100)
Secondly:
With regard to the meaning of this hadeeth,
the scholars noted three points:
1.This place is likened to one
of the gardens of Paradise in that the one who sits there attains
tranquillity and peace.
2.Worship in this place is a
means of attaining admittance to Paradise. This view was favoured by Ibn
Hazm in al-Muhalla (7/284). It was narrated by Ibn Taymiyah from Imam
Ahmad that he preferred to pray in the Rawdah.
3.The area between the minbar
and the house of the Prophet (blessings and peace of Allah be upon him) will
itself be one of the gardens of Paradise in the Hereafter.
Al-Qaadi ‘Iyaad (may Allah have mercy on
him) said:
The words “one of the gardens of Paradise”
may be understood in two ways:
1.That worshipping there will
be rewarded with Paradise, and that du‘aa’ (supplication) and prayer in this
place deserve that reward, as it is also said that Paradise lies in the
shade of the swords.
2.That Allah will move that
spot and it will actually be part of Paradise. This was the view of ad-Dawoodi.
End quote.
Ash-Shifa
(2/92)
Ibn ‘Abd al-Barr (may Allah have mercy on
him) said:
Some said that what is meant is that this
spot will be taken up on the Day of Resurrection and will become a garden in
Paradise.
Others said that this is by way of a
metaphor. It is as if they mean that when he (the Prophet (blessings and
peace of Allah be upon him)) sat there and the people sat with him to learn
the Qur’an and matters of faith and religion, that spot became like a
garden, because of the noble harvest of knowledge that they attained there,
and it was connected to Paradise because these things lead to Paradise. That
is similar to what the Prophet (blessings and peace of Allah be upon him)
said: “Paradise lies in the shade of the swords” meaning that it (jihad) is
an action that leads to Paradise. And it is similar to the idea that the
mother is one of the gates of Paradise, meaning that honouring her will lead
the Muslim to Paradise if he fulfils the obligatory duties. This is possible
and is in accordance with Arabic usage. And Allah knows best what he meant
by that. End quote.
At-Tamheed
(2/287)
Imam an-Nawawi (may Allah have mercy on
him) said:
They mentioned two views as to its
meaning:
1.That that place itself will
be moved to Paradise
2.That worship in that place
leads to Paradise.
At-Tabari said: With regard to what is
meant by “my house” here, there are two views: one view is that it refers to
the grave, which was the view of Zayd ibn Aslam, as was narrated in a
version that explained what was meant by “my house”, “between my grave and
my minbar”; the second view is that what is meant is the house in which he
dwelt, as is the apparent meaning.
Another version says “between my chamber
and my minbar”.
At-Tabari said: The two views are close in
meaning, because his grave in his apartment, which is his house. End quote.
Sharh Muslim
(9/161-162)
Al-Haafiz Ibn Hajar (may Allah have mercy
on him) said:
The words “one of the gardens of Paradise”
mean: it is like one of the gardens of Paradise with regard to the descent
of mercy and attainment of tranquillity that results from attending
gatherings of dhikr, especially at the time of the Prophet (blessings and
peace of Allah be upon him). So it is likening it to a garden of Paradise.
Or it may mean that worship in that place
leads to Paradise, so it is a metaphor.
Or it may be taken as it appears to mean,
and that what is meant is that it is indeed a garden in a real sense, and
that that place will itself be moved in the Hereafter to Paradise.
This is a summary of the ways in which the
scholars interpreted this hadeeth, and they are given in order of strength.
End quote.
Fath al-Baari
(4/100)
To sum up:
That place has an evident virtue, which
dictates that the Muslim should be keen to sit in that place and pray there.
However what matters more is to fear Allah, may He be exalted, for that is
the means of entering Paradise, not merely sitting in the Rawdah or any
other place.
As it is a matter of worship, we cannot
explain the reason why this place has been singled out and not others.
Allah, may He be glorified and exalted, singles out whatever He will of
times, places and individuals for particular virtues, and there is great
divine wisdom in that, of which we may be unaware.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/115693/the-area-between-my-house-and-my-minbar-is-one-of-the-gardens-of-paradise | 135 | 115,693 |
686 | The best spot on earth in general terms is Makkah, then Madinah, but the best place to live on earth for each person is the spot where he is most able to obey Allah and His Messenger | Question
What is the best place that Allah has made on this earth? I told someone that it was Mecca, but the person argued and said that it is Medina. The person reasoned that the Prophet (blessings and peace of Allah be upon him) loved Medina more than Mecca and asked Allah to bless Medina as he blessed Mecca. | Praise be to Allah.Firstly:
The fuqaha’ are unanimously agreed that Makkah and Madinah are the best spots on earth, then they differed as to which of them is best. The majority of fuqaha’, including the Hanafis, Shaafa‘is and Hanbalis – and it is also an opinion held by some Maalikis – are of the view that Makkah al-Mukarramah is superior to al-Madinah al-Munawwarah, for a number of reasons which were listed by the scholars:
1.The fact that it is obligatory to go there for Hajj and ‘umrah, which are two obligatory duties for which there is no equivalent that happens in Madinah.
2.Although Madinah was distinguished by the fact that the Messenger of Allah (blessings and peace of Allah be upon him) settled there after Prophethood, Makkah is superior to it, because the Prophet (blessings and peace of Allah be upon him) stayed there for thirteen years after his Prophethood began, and he stayed in Madinah for (only) ten years.
3.Although Madinah is distinguished by the large number of visitors from among the righteous slaves of Allah, Makkah is superior to it because of the large numbers from among the Prophets, Messengers and the righteous who visited it.
4.Kissing and touching are acts that are uniquely connected to the two Yemeni corners [of the Ka‘bah, i.e., the corner where the Black Stone is and the Yemeni Corner], and there is nothing comparable in Madinah.
5.Allah, may He be glorified and exalted, has instructed us to face towards Makkah in prayer wherever we may be, in any city or in the wilderness, but no such requirement is made of us with regard to Madinah.
6.Allah made Makkah a sanctuary on the day He created the heavens and the earth, and it was not permissible for any of the Messengers and Prophets [to fight therein] except our Prophet (blessings and peace of Allah be upon him), out of all the other Prophets, and it was only made permissible for him for a short time of one day.
7.Allah, may He be glorified and exalted, praised the House (the Ka‘bah) in His Book in a manner in which He did not praise Madinah, as He said (interpretation of the meaning): “Verily, the first House (of worship) appointed for mankind was that at Bakkah (Makkah), full of blessing, and a guidance for Al-Alameen (mankind and jinns)” [Aal ‘Imraan 3:96].
8.One prayer in al-Masjid al-Haraam in Makkah is equivalent to one hundred thousand prayers offered elsewhere, and nothing similar is true in the case of the Mosque of the Prophet (blessings and peace of Allah be upon him) in Madinah or any other mosque.
And there are other virtues by which Makkah is superior to Madinah.
The well-known view among the Maalikis is that Madinah is superior to Makkah. Al-Hattaab said: This – i.e., the view that Madinah is superior to Makkah – is the view of the majority of the people of Madinah.
They are also unanimously agreed that the Ka‘bah is superior to Madinah, apart from the noble grave, blessings and peace be upon its occupant.
See: al-Mawsoo‘ah al-Fiqhiyyah (32/154-156)
Undoubtedly the Ka‘bah is superior to the grave of the Prophet (blessings and peace of Allah be upon him) itself. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about two men who disputed: one of them said that the ground where Muhammad the Prophet (blessings and peace of Allah be upon him) is buried was superior to the heavens and the earth, and the other said that the Ka‘bah was superior; which one was correct?
He replied:
As for Muhammad himself (blessings and peace of Allah be upon him), Allah has not created anything or anyone that is dearer to Him than him.
As for the grave itself and the ground where he is buried, it is not superior to the Ka‘bah, the Sacred House; rather the Ka‘bah is superior to it. It is not known that any of the scholars regarded the ground of the grave as superior to the Ka‘bah, apart from al-Qaadi ‘Iyaad; no one suggested that before him and no one agreed with him on that. And Allah knows best.
End quote from Majmoo‘ al-Fataawa (27/38)
The more correct of the two opinions on this matter is that of the majority of scholars, which is that Makkah is superior to Madinah in general terms. As-Suyooti (may Allah have mercy on him) wrote an essay dealing with this topic, which has been printed under the title: al-Hujaj al-Mubeenah fi Tafdeel Makkah ‘ala al-Madinah (Clear Proof of the Superiority of Makkah over Madinah).
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
Which is better, to stay in Makkah or in Madinah for the purpose of worship?
He replied:
Makkah is best, followed by Madinah. Staying in Makkah is best, followed by Madinah, as it says in the hadeeths; one prayer in Makkah is equivalent to one hundred thousand prayers (offered elsewhere). The Prophet (blessings and peace of Allah be upon him) said concerning Madinah: “One prayer in this mosque of mine is better than a thousand prayers offered elsewhere, except in al-Masjid al-Haraam. One prayer in al-Masjid al-Haraam is equivalent to one hundred thousand prayers (offered elsewhere).” This is a great difference. Good deeds in Makkah are many times greater (in reward) than in Madinah.
End quote from the Shaykh’s website.
With regard to anyone saying that the Prophet (blessings and peace of Allah be upon him) loved Madinah more than Makkah, if what he means is loving to settle there, then yes; staying there better served the important purpose of spreading the religion and establishing the foundations of the Islamic state, and because it is the place to which he migrated, and because Makkah at that time was the headquarters of disbelief and its people.
But that on its own does not indicate that Madinah in and of itself is superior to Makkah in all aspects.
Al-Bukhaari (3926) and Muslim (1376) narrated from ‘Aa’ishah (may Allah be pleased with her) that the Prophet (blessings and peace of Allah be upon him) said: “O Allah, make Madinah dear to us as you made Makkah dear, and more so. Make it healthy and bless us in its saa’s and muds [units of measurement].
Al-Baaji (may Allah have mercy on him) said:
This is a supplication from the Prophet (blessings and peace of Allah be upon him) asking Allah to take away what they felt in their hearts of homesickness for having left Makkah and settled in Madinah, and asking Allah to make Madinah as beloved to them as Makkah was, so that they would dislike to move from it as they had disliked to move from Makkah.
End quote from al-Muntaqa (7/194)
This supplication of the Prophet (blessings and peace of Allah be upon him) was only because of what his companions were suffering from of the fever of Madinah, so he prayed that they would love to stay there and hate to move from it.
For more information, please see the answers to questions no. 36863 and 106609
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/199894/the-best-spot-on-earth-in-general-terms-is-makkah-then-madinah-but-the-best-place-to-live-on-earth-for-each-person-is-the-spot-where-he-is-most-able-to-obey-allah-and-his-messenger | 135 | 199,894 |
687 | What are the boundaries of the Makkah Haram? | Question
Please advise what includes the Haram boundries for Mecca. Is the entire Mecca provice a Haram? | Praise be to Allah.Firstly:
The boundaries of the Makkah Haram are well known and have clear markers that have been set up in all directions with the name of the location written on them so that people can see them.
An-Nawawi (may Allah have mercy on him) said:
The boundary of the Haram in the direction of Madinah is before at-Tan‘eem, by the houses of Banu Nifaar, three miles from Makkah. On the road to Yemen, the boundary is Adaat Libn, seven miles from Makkah. On the road to at-Taa’if it is at ‘Arafaat, at the bottom of Namirah, seven miles away. On the road to Iraq it is the mountain pass of al-Muqatta‘, seven miles away. On the road to al-Ji‘raanah it is in the mountain pass of Aal ‘Abdillah ibn Khaalid, nine miles away. On the road to Jeddah it is Munqati‘al-A‘shaash, ten miles from Makkah.
End quote from al-Majmoo‘, 7/463
It says in al-Mawsoo‘ah al-Fiqhiyyah (17/185-186):
The boundary of the Haram in the direction of al-Madinah al-Munawwarah is at at-Tan‘eem, which is three miles away. In the Maaliki books it says it is four or five miles. Coming from Makkah, at-Tan‘eem begins at Buyoot as-Suqya, which are called Buyoot Nifaar; nowadays it is known as Masjid ‘Aa’ishah (the mosque of ‘Aa’ishah). The area between the Ka‘bah and at-Tan‘eem is Haram (part of the sanctuary), and at-Tan ‘eem is outside the Haram boundary. In the direction of Yemen, it is seven miles, at Adaat Libn.
In the direction of Jeddah it is ten miles, at Munqata‘ al-A‘shaash, at the end of al-Hudaybiyah; which is part of the Haram.
In the direction of al-Ji‘raanah it is nine miles, in the mountain pass of ‘Abdullah ibn Khaalid.
In the direction of Iraq it is seven miles, at a mountain pass on one side of Jabal al-Muqatta‘. In the books of the Maalikis it says that it is eight miles.
In the direction of at-Taa’if it is at ‘Arafaat, in the bottom of Namirah, seven miles, at the edge of ‘Uranah.
Perhaps the differences in stating the number of miles is because of differences in defining what is meant by a mile. The measurement by miles starts from the Black Stone.
The boundaries of the Makkah Haram are currently marked in different directions with clear markers that have been set up at its edges like minarets, on which is written in the name of the location in Arabic and other languages. End quote.
A mile is equivalent to 1848 meters.
Whatever is within the markers mentioned is part of the Makkah Haram, and comes under all the shar‘i rulings concerning it, regardless of whatever administrative name is given to the place.
Whatever is outside of these markers is not part of the Makkah Haram and none of the rulings on the Haram apply to it, even if it is called “Makkah” or the people at some time regard it as being one of its neighbourhoods.
See also the answer to question no. 124812
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/177189/what-are-the-boundaries-of-the-makkah-haram | 135 | 177,189 |
688 | It is permissible to take lost property in the Haram if it is small | Question
I found some lost property in the Haram in Makkah, approximately ten to fifteen riyals. What is the ruling on that?. | Praise be to Allah.
Insignificant lost property has no value; if one announces it, there is nothing wrong with that, and if one consumes it, there is nothing wrong with that, and if one gives it in charity, there is nothing wrong with that, because it is insignificant and may not be worth announcing it. Ten, twenty or thirty riyals and so on, nowadays such lost property is not important, so if you give it in charity on behalf of its owner, there is nothing wrong with it, and if you use it there is nothing wrong with it, and if you leave it there is nothing wrong with it. End quote. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/126502/it-is-permissible-to-take-lost-property-in-the-haram-if-it-is-small | 135 | 126,502 |
689 | What are the animals that are permissible to hunt during Hajj? | Question
What are the animals that are permissible to hunt during Hajj? Where? And when? | Praise be to Allah.It is not permissible for the pilgrim in ihram to hunt land animals so long as he is in ihram, and it is not permissible for him or one who is not in ihram to hunt in the Haram zone. It is permissible for the pilgrim who is in ihram for Hajj and ‘umrah to catch fish and other aquatic animals.
Allah, may He be exalted, says (interpretation of the meaning):
{O you who have believed, Allah will surely test you through something of the game that your hands and spears [can] reach, that Allah may make evident those who fear Him unseen. And whoever transgresses after that – for him is a painful punishment
O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally – the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you as an offering [to Allah ] delivered to the Ka’bah, or an expiation: the feeding of needy people or the equivalent of that in fasting, that he may taste the consequence of his deed. Allah has pardoned what is past; but whoever returns [to violation], then Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution
Lawful to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land as long as you are in the state of ihram. And fear Allah to whom you will be gathered}
[al-Ma’idah 5:94-96].
Shaykh Muhammad al-Amin ash-Shinqiti said:
Allah, may He be exalted, says: {Lawful to you is game from the sea}.
The apparent meaning of this verse clearly indicates that game from the sea is permissible for the pilgrim who is in ihram for Hajj or ‘umrah, and that is indeed the case, just as He stated specifically that the prohibition on hunting for the pilgrim in ihram refers specifically to land game, as He says: {but forbidden to you is game from the land as long as you are in the state of ihram}. From this it may be understood that game from the sea is not prohibited for the pilgrim in ihram, as is clear.
And he (may Allah have mercy on him) said:
The scholars are unanimously agreed that hunting land game is prohibited for the pilgrim in ihram for Hajj or ‘umrah. This consensus applies to wild animals whose meat may be eaten, such as antelope, gazelles and so on.
All the scholars are unanimously agreed that whatever a pilgrim in ihram hunts, it is not permissible for the pilgrim in ihram to eat the game he caught, or for any other pilgrim to eat it, and it is not permissible for anyone who is not in ihram, because it is “dead meat” (i.e., meat that has not been slaughtered in the prescribed manner).
Adwa’ al-Bayan, 2/117, 118.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/204826/what-are-the-animals-that-are-permissible-to-hunt-during-hajj | 135 | 204,826 |
690 | Is it proven that fasting Ramadan in Madinah is equivalent to fasting seventy Ramadans elsewhere? | Question
Is it true that one Ramadan in al-Madinah al-Munawwarah is equivalent to seventy Ramadans in any other city? | Praise be to Allah.Firstly:
Al-Bayhaqi narrated in ash-Shu‘ab (3852) that ‘Abdullah ibn ‘Umar said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Fasting the month of Ramadan in Madinah is like fasting one thousand months elsewhere, and one Jumu‘ah prayer in Madinah is like one thousand offered elsewhere.”
Al-Bayhaqi said after quoting the hadith: This is an extremely da‘eef isnad.
It was also narrated by at-Tabaraani in al-Kabeer (1144), from the hadith of Bilaal ibn al-Haarith. Adh-Dhahabi said:
This is false and its isnad is problematic.
End quote from Mizaan al-I‘tidaal (2/473).
It was also narrated by al-Jawzi in al-‘Ilal al-Mutanaahiyah (2/87) via al-Qaasim ibn ‘Abdillah from Katheer ibn ‘Abdillah ibn ‘Amr ibn ‘Awf, from Naafi‘, from Ibn ‘Umar, in a marfoo‘ report [i.e., attributed directly to the Prophet (blessings and peace of Allah be upon him)].
But al-Qaasim ibn ‘Abdillah was regarded as a liar by Ahmad and Ibn Ma‘een.
See: Mizaan al-I‘tidaal (3/371).
With regard to Katheer ibn ‘Abdillah, ash-Shaafa‘i and Abu Dawood said: He is one of the foremost liars.
Mizaan al-I‘tidaal (3/407).
Shaykh al-Albaani narrated this hadith in ad-Da‘eefah (831), and said: It is false.
With regard to the hadith, “Ramadan in Madinah is equivalent to seventy Ramadans elsewhere,” we could not find anyone who narrated it with this wording, but Shaykh ‘Atiyyah Saalim (may Allah have mercy on him) mentioned it in Sharh al-Arba‘een an-Nawawiyyah (79/5) and said: It is mentioned in a da‘eef hadith that is quoted in A‘dhab al-Mawaarid… And he quoted the hadith.
Ibn Maajah (3117) narrated that Ibn ‘Abbaas said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever is in Makkah when Ramadan comes, and he fasts and prays qiyaam as much as he can, Allah will write for him the reward of a hundred thousand Ramadans observed elsewhere, and for every day Allah will write for him the reward of manumitting a slave, and for every night the reward of manumitting a slave, and for every day the reward of providing mounts for two fighters in Allah’s cause, and for every day a hasanah, and for every night a hasanah.”
Al-Albaani said in Da‘eef Ibn Maajah: It is fabricated (mawdoo‘).
Secondly:
In the answer to question no. 38213, we noted that hasanaat (good deeds) and sayi’aat(bad deeds) may be multiplied in times and places of particular virtue, and that multiplication of good deeds is multiplication in both quantity and quality. As for bad deeds, the multiplication is in terms of quality only.
In Makkah and Madinah, the reward for fasting Ramadan is multiplied in comparison to fasting the month in other cities, because of the honoured status of the place. But it cannot be said that it is seventy times better than fasting somewhere other than Makkah and Madinah, or that it is a thousand times better, or more or less than that, because this precise definition of the factor of multiplication and virtue requires a sound (saheeh) report to prove it.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
The shar‘i evidence indicates that good deeds may be multiplied in times and places of particular virtue, such as Ramadan and the first ten days of Dhu’l-Hijjah, or in the Haramayn, because good deeds are greatly multiplied in Makkah and Madinah. It says in the saheeh hadith that the Prophet (blessings and peace of Allah be upon him) said: “One prayer in this mosque of mine is better than a thousand prayers offered anywhere else, except al-Masjid al-Haraam; one prayer in al-Masjid al-Haraam is better than one hundred prayers in this mosque of mine.” Narrated by Ahmad and Ibn Hibbaan with a saheeh isnad.
The reward for other righteous deeds is also multiplied, but there is no report that speaks of a specific number; rather a specific number and explanation is mentioned only in the case of prayer. As for all other deeds, such as fasting, remembering Allah (adhkaar), reading Qur’an and giving charity, I do not know of any proven text to indicate a particular factor by which they are multiplied. Rather the reports indicate in general terms that the reward for them is multiplied, but no specific number is given.
End quote from Fataawa Ibn Baaz (3/388)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
The idea of the reward of deeds being multiplied by a specific factor is something that requires specific evidence (from the religious texts), and there is no room for analogy in this case. If there is a sound text that speaks of the multiplication of other good deeds, then it will be accepted. But undoubtedly places and times of particular virtue have an impact in multiplying the reward, as the scholars (may Allah have mercy on them) said: Good deeds may be multiplied at times and places of particular virtue, but stating that the multiplication is by a particular factor requires specific evidence.
End quote from ash-Sharh al-Mumti‘ (6/514)
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries | https://islamqa.info/en/answers/233436/is-it-proven-that-fasting-ramadan-in-madinah-is-equivalent-to-fasting-seventy-ramadans-elsewhere | 135 | 233,436 |
691 | Questions about the Black Stone | Question
I read an article about the Black Stone and I want to make sure about the soundness of the hadiths and reports and whether they can be accepted or they are fabricated (mawdoo’). May Allah reward you with good.
The article says:
Believe it or not.
Yes, there is only one Stone on earth that floats on water. It is the Black Stone that is situated in the south-east corner of the honoured Ka’bah in the Sanctuary of Makkah al-Mukarramah. Jalaal al-Suyooti said: When al-Mutee’ Lillaah bought the black Stone from Abu Taahir al-Qarmati, the hadith scholar ‘Abd-Allah ibn ‘Ukaym came and said: “We have two signs in our stone: it floats on water and it does not get hot in the fire.” So he brought a stone that had been rubbed with perfume and wrapped in brocade to make him think that this was the Black Stone. They placed it in water and it sank; then they put it in the fire and it cracked. Then he brought another stone and did likewise to it, and the same things happened. Then he brought the Black Stone and put it in water, and it floated; then he put it in the fire and it did not get hot. ‘Abd-Allah said: “This is our Stone.” Abu Taahir al-Qarmati was amazed by this and said: “How did you know that?” ‘Abd-Allah said: “It was narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: ‘The Black Stone is Allah’s right hand on His earth. It will come on the Day of Resurrection with a tongue with which it will testify about those who kissed it in sincerity or otherwise. It does not sink in water and it does not get hot in fire…’”
The Black Stone is the point at which tawaf begins, at the south-eastern corner of the honoured Ka’bah. It was originally one of the precious stones of Paradise. Its original colour is white like the maqaam (Maqaam Ibraaheem). It is the place where tears should be shed, and wheredu`a’s are answered. It is Sunnah to touch it and kiss it. It is the right hand of Allah on His earth in the sense that it is the place where a man renews his covenant with Allah and his repentance. On the Day of Resurrection it will testify for all those who touched it. Whoever swears an oath whilst touching it, it is like touching the Hand of the Most Merciful, and touching it erases sins. It is the place touched by the lips of the Prophets, the righteous and pilgrims performing Hajj and ‘Umrah and visiting the holy places. Glory be to Allah the Almighty. | Praise be to Allah.Firstly:
The Black Stone is the stone which is inset into the south-eastern corner of the honoured Ka’bah on the outside, in a setting of silver. It is the starting-point for tawaf. Currently it is a meter and a half above the ground.
What is mentioned in the article quoted in the question is true in part, and there is sound (saheeh) evidence for that, but other things mentioned are not true and have no basis.
We have quoted in the answer to question no. 1902 most of the reports narrated in the Saheeh Sunnah concerning the Black Stone. For example, Allah sent the Black Stone down to earth from Paradise, and it was whiter than milk, but the sins of the sons of Adam turned it black; it will come on the Day of Resurrection with two eyes with which it will see and a tongue with which it will speak and will testify for those who touched it in truth and sincerity. Touching it, kissing it or pointing to it is the first thing that a person does when he wants to circumambulate the Ka’bah (tawaf), whether he is doing Hajj or ‘Umrah or a voluntary tawaf. The Prophet (peace and blessings of Allah be upon him) kissed it, and his ummah followed him in doing so. If a person is unable to kiss it he should touch it with his hand or with something, and then kiss that thing. If he is unable to do that he should point to it with his hand and say Allahu akbar. Touching the Stone is one of the things by means of which Allah erases sins.
Secondly:
With regard to the story of the Qaraamitah stealing the Black Stone and keeping it with them for a long time, this is true. Ibn Katheer said, concerning the events of 278 AH:
In this year the Qaraamitah – who are a heretical sect that follows Persian philosophy and believes that Zaradasht and Mazdak, who used to permit forbidden things, are prophets – started their trouble.
As well as that, they blindly follow everyone who speaks falsehood. The group they managed to corrupt the most were the Raafidis because they are the least wise of people. They are also called Ismaa’eelis (Ismailis) because they are named after Ismaa’eel al-A’raj ibn Ja’far al-Saadiq.
They are also called al-Qaraamitah. It was said that they are named after Qarmat ibn al-Ash’ath al-Baqqaar; and it was said that in the beginning their leader used to tell them to pray fifty times a day, so as to distract them from what he was really up to.
What is meant is that this group became active in this year, then things got worse and reached alarming proportions – as we shall see – when they entered al-Masjid al-Haraam and shed the blood of the pilgrims inside the Mosque around the Ka’bah, and they broke the Black Stone and removed it from its position, and took it with them to their homeland in 317 AH, and it stayed with them until 339 AH, so it was absent from its place in the Ka’bah for 22 years. To Allah we belong and verily unto Him is our return.
Al-Bidaayah wa’l-Nihaayah, 11/72, 73
Thirdly:
With regard to what was mentioned about the Black Stone being the place where tears should be shed, there is a hadith to that effect narrated by Ibn Maajah (2945) from Ibn ‘Umar, who said: The Messenger of Allah (peace and blessings of Allah be upon him) turned to face the Stone, then he put his lips on it and wept for a long time. Then he turned and saw ‘Umar ibn al-Khattaab weeping. He said: “O ‘Umar, this is the place where tears should be shed.” But this is a weak (da’eef) hadith as stated by al-Albaani in Irwa’ al-Ghaleel, 111. He said: (it is) da’eef jiddan (very weak).
With regard to the hadith about the Black Stone being Allah’s Right Hand on earth, the answer to that is that it is a false (baatil) hadith which is not proven from the Prophet (peace and blessings of Allah be upon him).
Ibn al-Jawzi said in al-‘Ilal al-Mutanaahiyah: This hadith is not saheeh.
Al-‘Ilal by Ibn Al-Jawzi, 2/575. see also Talkhees al-‘Ilal by al-Dhahabi (p. 191).
Ibn al-‘Arabi said: it is a false hadith to which no attention should be paid. Shaykh al-Islam Ibn Taymiyah said: It was narrated from the Prophet (peace and blessings of Allah be upon him) with an isnaad that cannot be proven; based on that there is no need to discuss its meaning.
Majmoo’ al-Fataawa, 6/397.
Fourthly:
With regard to what is mentioned about the Black Stone floating on water, and that it does not become hot in the fire, and that it is the place where du`as are answered – there is no basis for any of this in the Sunnah.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/45643/questions-about-the-black-stone | 135 | 45,643 |
692 | Is al-Masjid al-Aqsa considered to be a sanctuary? | Question
Is al-Masjid al-Aqsa considered to be a sanctuary (Haram) like the sanctuaries of Makkah and Madeenah?. | Praise be to Allah.Firstly:
Al-Masjid al-Aqsa is superior to other
mosques. The best of all mosques is al-Masjid al-Haraam (The Sacred Mosque in Makkah), then al-Masjid al-Nabawi (the Prophet’s Mosque in
Madeenah), then al-Masjid al-Aqsa.
These three mosques are the three for which
it is prescribed to travel for the purpose of worship. The Prophet (peace and blessings of Allaah be upon him) said: “Do not travel
(specifically) to any mosque except three: al-Masjid al-Haraam, Masjid al-Aqsa, and this mosque of mine.”
Narrated by al-Bukhaari, 1996.
One prayer in al-Masjid al-Aqsa is equivalent
to two hundred and fifty prayers offered elsewhere.
It was narrated that Abu Dharr (may Allaah be
pleased with him) said: We were discussing when we were with the Messenger of Allaah (peace and blessings of Allaah be upon him), which is
better, the Mosque of the Messenger of Allaah (peace and blessings of Allaah be upon him) or Bayt al-Maqdis (Jerusalem). The Messenger of
Allaah (peace and blessings of Allaah be upon him) said: “One prayer in my mosque is better than four prayers offered there (in Bayt
al-Maqdis), and what a good place of prayer it is. Soon there will come a time when, if a man has a piece of land the size of a horse’s rope from
which he can see Bayt al-Maqdis, that will be better for him than the whole world.” Narrated by al-Haakim, 4/509; he classed it as saheeh and
al-Dhahabi and al-Albaani agreed with him, as it says in al-Silsilah al-Saheehah, at the end of the discussion on hadeeth no. 2902.
One prayer offered in the Prophet’s Mosque is
equivalent to one thousand prayers (offered elsewhere), so one prayer offered in al-Masjid al-Aqsa is equivalent to two hundred and fifty
prayers.
With regard to the well-known hadeeth that
says that one prayer offered there is equivalent to five hundred prayers, this hadeeth is da’eef (weak). See Tamaam al-Minnah by Shaykh
al-Albaani (may Allaah have mercy on him), p. 292.
Secondly:
A Haram or sanctuary comes under special rulings which were prescribed by Allaah.
For example: it is haraam to fight therein;
it is haraam to hunt the animals and birds that live there; it is haraam to cut down the plants that grow there naturally by the will of Allaah
and have not been planted by anyone.
Allaah blessed the people of Makkah by making
Makkah a sanctuary and safe place for them, in which both people and animals are safe. Allaah says (interpretation of the meaning):
“Have We not established for them a secure
sanctuary (Makkah), to which are brought fruits of all kinds, a provision from Ourselves, but most of them know not”
[al-Qasas 28:57]
“Have they not seen that We have made
(Makkah) a secure sanctuary, while men are being snatched away from all around them?”
[al-‘Ankaboot 29:67]
“whosoever enters it, he attains security”
[Aal ‘Imraan 3:97]
Muslim (1362) narrated that Jaabir said: The
Prophet (peace and blessings of Allaah be upon him) said: “Ibraaheem made Makkah a sanctuary, and I have made Madeenah a sanctuary… its
branches are not to be cut and its animals are not to be hunted.”
The word that is translated as “branches”
here refers to every kind of tree that has thorns. If it is haraam to cut down the trees that have thorns then it is more appropriate that those
that do not have thorns should not be cut down.
And Muslim (1374) narrated that Abu Sa’eed
al-Khudri said: The Prophet (peace and blessings of Allaah be upon him) said: “O Allaah, Ibraaheem made Makkah sacred and made it a
sanctuary, and I have made Madeenah a sanctuary… no blood is to be shed therein, no weapon for fighting is to be carried, and no tree is to be
struck to make its leaves fall, except to provide food for animals…”
Al-Nawawi said:
This shows that it is permissible to take the
leaves of plants to provide food for animals. What is meant here is that taking the leaves is haraam except for this purpose.
Al-Quds (Jerusalem) is not a sanctuary in
this sense, according to the consensus of the Muslims. People use this word (Haram or sanctuary) in a very broad sense, to such an extent that
they call al-Quds a sanctuary, and the Mosque of Ibraaheem al-Khaleel in Palestine a sanctuary, and even universities are called sanctuaries.
There are no sanctuaries on earth apart from those in Makkah and Madeenah, and a valley in al-Taa’if called Wujj concerning which the scholars
differed as to whether it was a sanctuary or not.
Shaykh al-Islam Ibn Taymiyah said in
Majmoo’ al-Fataawa, 27/14-15:
Bayt al-Maqdis is not a place that can be
called a sanctuary (haram), nor is the Tomb of al-Khaleel or any other place on earth, except for three:
The first is a sanctuary according to the
consensus of the Muslims. This is the sanctuary of Makkah, which Allaah has honoured.
The second is a sanctuary according to the
majority of scholars. This is the sanctuary of the Prophet (i.e., in Madeenah). This is a sanctuary according to the majority of scholars such as
Maalik, al-Shaafa’i and Ahmad. There are many saheeh hadeeth concerning this narrated from the Prophet (peace and blessings of Allaah be upon
him).
The third is Wujj, which is a valley in
al-Taa’if. There is a hadeeth concerning this that was narrated by Ahmad in al-Musnad, not in the books of Saheeh. This is a
sanctuary according to al-Shaafa’i because he believed the hadeeth to be saheeh, but it is not a sanctuary according to the majority of scholars.
Ahmad classed as da’eef (weak) the hadeeth that was narrated concerning this and did not accept it.
Places other than these are not sanctuaries
according to any of the Muslim scholars. The sanctuary is that in which Allaah has forbidden hunting and cutting its plants, and Allaah has not
forbidden hunting and cutting plants in any places except these three.
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/34751/is-al-masjid-al-aqsa-considered-to-be-a-sanctuary | 135 | 34,751 |
693 | What is the thing that came from Paradise and is found in the Ka’bah? | Question
What is the thing that came from Paradise and is found in the Ka’bah?. | Praise be to Allah.We do not know of anything
in the Ka’bah that it says in the Sunnah came from Paradise, apart from two
things.
1-
The Black Stone. It was
narrated in a hadeeth that Ibn ‘Abbaas (may Allaah be pleased with him)
said: The Messenger of Allaah (peace and blessings of Allaah be upon
him) said: “The Black Stone came down from Paradise and it was whiter than
milk, but the sins of the sons of Adam turned it black.” Narrated by
al-Tirmidhi (877).
Al-Tirmidhi said: It is a
saheeh hasan hadeeth. It was classed as saheeh by Ibn Khuzaymah (4/219) and
by al-Diya’ al-Maqdisi in al-Mukhtaarah (10/260). It was classed as
hasan by Ibn al-Qattaan in Bayaan al-Wahm wa’l-Ayhaam (5/732),
al-Haafiz Ibn Hajar in Fath al-Baari (3/540) and al-Albaani in
al-Silsilah al-Saheehah (2618).
It was also narrated from
Ibn ‘Abbaas, Ibn ‘Amr and others, see Musannaf Ibn Abi Shaybah
(4/35); and from Anas (may Allaah be pleased with him) in Musnad Ahmad
(3/277).
See also the answers to
question no. 1902,
21402 and
45643.
2-
Maqaam Ibraaheem (the
Station of Ibraaheem). That was narrated in the hadeeth of ‘Abd-Allaah ibn
‘Amr (may Allaah be pleased with him) who said: I heard the Messenger of
Allaah (peace and blessings of Allaah be upon him) say: “The Rukn and
the Maqaam are two of the rubies of Paradise; Allaah has extinguished their
light, and if He did not extinguish their light, they would have illuminated
that which is between the east and the west.”
It was narrated via
Musaafi’ ibn Shaybah al-Hujabi from ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas.
It was narrated from
Musaafi’ by a number of narrators via two isnaads:
(a)In a mawqoof report from
‘Abd-Allaah ibn ‘Amr ibn al-‘Aas
This is how it was narrated
by al-Zuhri and Shu’bah, as stated by Abu Haatim in al-‘Ilal (1/300),
without narrating the isnaads.
(b)In a marfoo’ report from the
Prophet (peace and blessings of Allaah be upon him).
It was narrated by Raja’
Abu Yahya from Musaafi’, in Musnad Ahmad (2/213), Sunan
al-Tirmidhi (878), Saheeh Ibn Khuzaymah (4/219), Saheeh Ibn
Hibbaan (9/24) and Mustadrak al-Haakim (1/627).
Raja’ is the son of Subayh
al-Harashi, of whom Ibn Ma’een said: (He is) weak. Abu Haatim said: he is
not strong. Ibn Khuzaymah said: I did not know anything good or bad about
this Abu Raja’, and I do not take the reports of someone like him as
evidence.
He was regarded as thiqah
(trustworthy) by Imam al-Bukhaari and Ibn Hibbaan, and Shaykh Ahmad Shaakir
followed their opinion in Tahqeeq al-Musnad.
See: Tahdheeb
al-Tahdheeb (3/268).
It was also narrated in a
marfoo’ report by: Shabeeb ibn Sa’eed al-Habati and Ayyoob ibn Suwayd, from
Yoonus ibn Yazeed, from al-Zuhri, from Musaafi’. The former is narrated by
al-Bayhaqi in al-Sunan al-Kubra (5/75) and the latter is narrated by
Ibn Khuzaymah in his Saheeh (4/219) and by al-Haakim in
al-Mustadrak (1/626), and via him by al-Bayhaqi in al-Sunan al-Kubra
(5/75). This isnaad is saheeh, because Shabeeb ibn Sa’eed is thiqah as
classified by Ibn al-Madeeni.
See his biography in
Tareekh Baghdaad (11/329) and Tareekh al-Islam (28/381).
It was classed as saheeh by
al-Nawawi in al-Majmoo’ (8/36), where he said: It is saheeh according
to the conditions of Muslim; and by Ibn Taymiyah in al-Manaasik min Sharh
al-‘Umdah (2/434)
Al-Albaani said in his
commentary on Saheeh Ibn Khuzaymah (2731): its isnaad is hasan li
ghayrihi (hasan because of corroborating evidence), because Ayyoob ibn
Suwayd has a bad memory, but it was also narrated by Shabeeb ibn Sa’eed
al-Habati, according to al-Bayhaqi, who is thiqah, from the report of his
son Ahmad from him, so its isnaad is saheeh. End quote.
Shu’ayb al-Arna’oot said
concerning him in his commentary on Ibn Hibbaan (3710): A hadeeth which is
hasan li ghayrihi. It was also classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi (878).
It was classed as saheeh by
Shaykh Ahmad Shaakir (may Allaah have mercy on him) in his commentary on
al-Musnad (7000), and he discussed its isnaad at length.
The editors of Imam Ahmad’s
Musnad favoured the view that the more correct opinion is that the
isnaad stops at ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with him), and
that the marfoo’ isnaad (i.e. the isnaad that goes back to the Prophet
(peace and blessings of Allaah be upon him)) is da’eef (weak). It seems that
al-Haafiz Ibn Hajar (may Allaah have mercy on him) in Fath al-Baari
(3/540) was also inclined towards this view.
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/108553/what-is-the-thing-that-came-from-paradise-and-is-found-in-the-kabah | 135 | 108,553 |
694 | Are hasanaat and sayi’aat multiplied at special times and in special places? | Question
Is it true that sayi’aat (bad deeds) are multiplied in Ramadan? Is the same true of hasanaat (good deeds)? Is there any evidence to that effect?. | Praise be to Allah.Yes, both hasanaat and sayi’aat are multiplied at special times and in special places, but there is a difference between the multiplication of hasanaat and the multiplication of sayi’aat. The multiplication of hasanaat is in both quantity and quality. What is meant by quantity is number, so a good deed is multiplied by ten times the like thereof; and what is meant by quality is that the reward is great and vast. With regard to sayi’aat, it is multiplied in terms of quality only, i.e., the sin is greater and the punishment is more severe. With regard to quantity a bad deed receives one sayi’ah, and it cannot be more than one.
It says in Mataalib Uli al-Nuha (2/385):
“Hasanaat and sayi’aat are multiplied in a special place such as Makkah, Madeenah and Bayt al-Maqdis (Jerusalem), and in the mosques; and at special times such as on Fridays, during the sacred months and in Ramadan. With regard to the multiplication of hasanaat, this is a matter concerning which there is no scholarly difference of opinion. With regard to the multiplication of sayi’aat, this was the view of a number of scholars, following Ibn ‘Abbas and Ibn Mas’ood… Some scholars said that what Ibn ‘Abbas and Ibn Mas’ood meant by the view on the multiplication of sayi’aat is that they are multiplied in quality but not in quantity.”
Shaykh Ibn Baaz (may Allah have mercy on him) said: “Does fasting bring the Muslim expiation for both minor and major sins? Is the sin of an evil action compounded in Ramadan?”
He replied: “What is prescribed for the Muslim in Ramadan and at other times is to strive against his nafs (self) that is inclined towards evil until it becomes tranquil and inclined towards goodness. He must fight against the enemy of Allah Iblees until he is safe from his evil and his whispers. The Muslim in this world is engaged in a great, ongoing struggle against his nafs, his desires and the Shaytaan. So he has to repent a great deal and pray for forgiveness at all times. But times vary one from another. The month of Ramadan is the best month of the year, for it is the month of forgiveness, mercy and ransom from the Fire. If the month is special and the place is special, the hasanaat for good deeds are multiplied and the sayi’aat for sins are multiplied. An evil deed done in Ramadan is more sinful than one done at any other time, just as an act of worship done in Ramadan brings a greater reward from Allah than one done at any other time. Because Ramadan has such a great status, an act of worship done during this month is especially virtuous and its reward is greatly multiplied, and a sin committed during this month is worse and more serious than a sin committed at any other time. So the Muslim has to make the most of this blessed month by doing acts of worship and righteous deeds, and giving up bad deeds, so that Allah may bless him by accepting his good deeds and helping to remain steadfast in adhering to the truth. But a bad deed receives one sayi’ah like it, and is not multiplied in terms of quantity either in Ramadan or at other times. But a good deed may be multiplied ten or more times, because Allah says in Soorat al-An’aam (interpretation of the meaning):
“Whoever brings a good deed (Islamic Monotheism and deeds of obedience to Allah 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 Allah and His Messenger) shall have only the recompense of the like thereof, and they will not be wronged” [al-An’aam 6:160]
And there are many similar verses.
Similarly in special places such as the Haramayn [the Two Sanctuaries, i.e., in Makkah and Madeenah] deeds are multiplied greatly in quantity and quality; bad deeds are not multiplied in quantity but they are multiplied in quality when done at special times or in special places, as referred to above. And Allah is the Source of strength.
From Majmoo’ Fatawa wa Maqaalaat Mutanawwi’ah, 15/446.
Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’, 7/262:
Both hasanaat and sayi’aat are multiplied when done in special places and at special times.
Hasanaat (good deeds) are multiplied in quantity and quality; sayi’aat (bad deeds) are multiplied in quality but not in quantity, because Allah says in Soorat al-An’aam, which was revealed in Makkah, (interpretation of the meaning):
“Whoever brings a good deed (Islamic Monotheism and deeds of obedience to Allah 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 Allah and His Messenger) shall have only the recompense of the like thereof, and they will not be wronged”
[al-An’aam 6:160]
And He says (interpretation of the meaning):
“… and whoever inclines to evil actions therein [i.e., in al-Masjid al-Haraam in Makkah] or to do wrong (i.e. practise polytheism and leave Islamic Monotheism), him We shall cause to taste from a painful torment”
[al-Hajj 22:25]
But He did not say, We will multiply that to him, rather He said, “We shall cause to taste from a painful torment”. So the way in which sayi’aat done in Makkah or in Madeenah are multiplied is in terms of quality.
And Allah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/38213/are-hasanaat-and-sayiaat-multiplied-at-special-times-and-in-special-places | 135 | 38,213 |
695 | Who are those are present at al-Masjid al-Haraam? | Question
Allaah says (interpretation of the meaning):
“This is for him whose family is not present at Al-Masjid Al-Haraam”
[al-Baqarah 2:196].
Who are those who are present at al-Masjid al-Haraam? Are they the people of Makkah or the people of the Haram? What is your opinion of those who say that the Makki (resident of Makkah) can never do Tamattu’ or Qiraan without his family?. | Praise be to Allah.
What the questioner has quoted is part of a verse in which
Allaah mentions those who do tamattu’. He says (interpretation of the
meaning):
“whosoever performs the ‘Umrah in the months of Hajj,
before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiraan), he must
slaughter a Hady such as he can afford, but if he cannot afford it, he
should observe Sawm (fasts) three days during the Hajj and seven days after
his return (to his home), making ten days in all. This is for him whose
family is not present at Al-Masjid Al-Haraam (i.e. non-resident of Makkah)”
[al-Baqarah 2:196].
The scholars (may Allaah have mercy on them) differed as to
what is meant by those who are not present at al-Masjid al-Haraam.
It was said that they are those who are within the boundaries
of the Haram; whoever is outside the boundaries of the Haram is not among
those who are present at al-Masjid al-Haraam.
And it was said that they are the people who live at the
Meeqaats and within those limits.
And it was said that they are the people of Makkah and those
who live closer to it than the distance at which the traveller may shorten
his prayers.
The most likely to be correct is the view that those who are
present at al-Masjid al-Haraam are the people of the Haram.
If the person who is one of those who are present at
al-Masjid al-Haraam does tamattu’ for ‘Umrah and Hajj, he does not have to
offer a hadiy. For example, if a man from Makkah travels to Madeenah, say,
during the months of Hajj, then comes back from Madeenah and enters ihraam
from Dhu’l-Hulayfah for ‘Umrah, but he intended to do Hajj this year, then
he does not have to offer a hadiy, because he is one of those who are
present at al-Masjid al-Haraam. The people of Makkah may also do Qiraan but
they do not have to offer the hadiy, such as if one of the people of Makkah
is in Madeenah, then he enters ihraam from Dhu’l-Hulayfah during the days of
Hajj for ‘Umrah and Hajj together (Qiraan). This pilgrim who does Qiraan
does not have to offer a hadiy either, because he is one of those who are
present at al-Masjid al-Haraam. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen
(22/70, 71)
It says in Fataawa al-Lajnah al-Daa’imah (11/389):
The scholars differed concerning the meaning of “those who
are present at al-Masjid al-Haraam.” The most correct view is that they are
the people of the Haram.
And Allaah is the Source of strength. May Allaah send
blessings and peace upon our Prophet Muhammad and his family and companions.
End quote.
Standing Committee for Academic Research and Issuing Fatwas. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/112003/who-are-those-are-present-at-al-masjid-al-haraam | 135 | 112,003 |
696 | Small lost items do not need to be announced, even in Makkah | Question
I found fifty riyals whilst stoning the jamaraat during Hajj. What should I do with it? Should I give it in charity?. | Praise be to Allah.This amount is small and need not be announced; it is not worth the bother of announcing it. But if you give it to those who are in charge of lost items, there is nothing wrong with it. If you announce it as much as is possible for you, and say, “Who lost some money at the jamaraat?” among groups of people, perhaps someone will come to you and describe it, then you can give it to him if his description matches it, and there is nothing wrong with that. If you give it in charity there is nothing wrong with that either, because this is a small amount, so if you give it in charity on behalf of its owner there is nothing wrong with that in sha Allah, and you will be rewarded. End quote. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/126387/small-lost-items-do-not-need-to-be-announced-even-in-makkah | 135 | 126,387 |
697 | What is the Multazam? How should one make du’aa’ there? | Question
What is the Multazam? How should one make du’aa’ there?. | Praise be to Allah.The multazam (place of
clinging) is the part of the Ka’bah that is between the Black Stone and the
door of the Ka’bah. What is meant by iltizaam (clinging) is when the
supplicant (person making du’aa’) places his chest, face, forearms and palms
against it and calls upon Allaah saying whatever du’aa’ he wishes.
There is no specific du’aa’ that the Muslim should say in
that place. He can cling to the Multazam when he enters the Ka’bah (if it is
easy for him to enter) or he may do that before performing the Farewell
tawaaf (tawaaf al-wadaa’), or he may do it at any time he wants. He should
not cause difficulty for other people by offering a lengthy du’aa’.
Similarly it is not permissible to crowd other people or annoy them in order
to cling there. If he sees a space then he should say du’aa’. Otherwise it
is sufficient for him to say du’aa’ whilst circumambulating and when
prostrating in prayer.
What was narrated from the Sahaabah (may Allaah be pleased
with them) concerning the Multazam is more sound than that which has been
narrated from the Prophet (peace and blessings of Allaah be upon him).
It was narrated that ‘Abd al-Rahmaan ibn Safwaan said: When
the Messenger of Allaah (peace and blessings of Allaah be upon him)
conquered Makkah, I said: I will put on my garments, as my house was on the
road, and I will wait and see what the Messenger of Allaah (peace and
blessings of Allaah be upon him) does. So I went and I saw that the Prophet
(peace and blessings of Allaah be upon him) had come out of the Ka’bah,
he and his companions, and they were touching the House from the Door to the
Black Stone. They had placed their cheeks against the House and the
Messenger of Allaah (peace and blessings of Allaah be upon him) was in
the midst of them. Narrated by Abu Dawood, 1898; Ahmad, 15124.
Its isnaad includes Yazeed ibn Abi Ziyaad, who was classed as
da’eef (weak) by Ibn Mu’een, Abu Haatim, Abu Zar’ah and others.
It was narrated from ‘Amr ibn Shu’ayb that his father said: I
circumambulated the Ka’bah with ‘Abd-Allaah, and when we came to the back of
the Ka’bah I said: Will you not seek refuge with Allaah? He said: We seek
refuge with Allaah from the Fire. Then he proceeded to touch the Stone, and
he stood between the Corner and the door, and placed his chest, face,
forearms and hands like this, and spread them out. Then he said: This is
what I saw the Messenger of Allaah (peace and blessings of Allaah be
upon him) do. Narrated by Abu Dawood, 1899; Ibn Maajah, 2962.
Its isnaad includes al-Muthanna ibn al-Sabaah, who was
classed as da’eef (weak) by Imam Ahmad, Ibn Mu’een, al-Tirmidhi, al-Nasaa’i
and others.
But these two ahaadeeth corroborate one another.
Shaykh al-Albaani classed it as saheeh in al-Silsilah
al-Saheehah, 2138.
And he narrated that Ibn ‘Abbaas (may Allaah be pleased with
him) said: “The Multazam is between the Corner and the door.”
Shaykh al-Islam Ibn Taymiyah said:
If (the pilgrim) wants to
go the Multazam – which is the area between the Black Stone and the door –
and place his chest, face, forearms and hands against it and make du’aa’ and
ask Allaah for what he needs, he may do so. He may do that before the
farewell tawaaf, for it does not matter if this iltizaam (clinging) is done
at the time of the farewell tawaaf or at another time. The Sahaabah used to
do that when they entered Makkah. If he wishes he may say the du’aa’ that
was narrated from Ibn ‘Abbaas: “O Allaah, I am Your slave, son of Your male
slave, son of Your female slave. You have caused me to ride that which You
have subjugated to me of Your creation and You caused me to travel through
Your land until You caused me to reach Your house by Your grace, and You
have helped me to perform my rituals (of pilgrimage). If You were pleased
with me then I hope that you will be more pleased, otherwise be pleased with
me now before I depart from Your House, for now I am about to depart if You
permit, without turning to anyone but You and seeking to visit any house
other than Yours. O Allaah, give me good health in my body and protect my
religious commitment; let me find my family well and safe upon my return and
help me to obey You so long as You keep me alive, and join me, and give me
the good of this world and the Hereafter, for You are able to do all
things.”
If he stands by the door and prays there without clinging to
the House, that is also good.
Majmoo’ al-Fataawa, 26/142,
143.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
This is a
matter concerning which the scholars differed, although it was not narrated
from the Prophet (peace and blessings of Allaah be upon him) (i.e. that
was not narrated in a saheeh hadeeth, as the ahaadeeth that were narrated
concerning this were deemed to be da’eef or weak). Rather it was narrated
from some of the Sahaabah (may Allaah be pleased with them). So is iltizaam
(clinging) Sunnah? When should it be done – upon arrival or when about to
leave, or at any time?
The reason for this difference of opinion among the scholars
is that it is not narrated in the Sunnah of the Prophet (peace and
blessings of Allaah be upon him), rather the Sahaabah (may Allaah be pleased
with them) used to do that when they arrived in Makkah.
The fuqaha’ said: He (the
pilgrim) should do that when about to leave, and should cling to the
multazam, which is the area between the corner where the Black Stone is
located and the door…
Based on this, there is nothing wrong with iltizaam
(clinging to the Ka’bah in this area) so long as that does not involve
annoying others.
Al-Sharh al-Mumti’, 7/402, 403.
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/47756/what-is-the-multazam-how-should-one-make-duaa-there | 135 | 47,756 |
698 | The Yemeni Corner of the Ka’bah | Question
My question is regarding The Holy Kabaa, i went for Umrah two years ago and luckily i peform the tawaf very close to the walls of Kabaa. To my astonishemnt I saw that the Yemeni side of Kabba had a strange stone like object with marks on it. I wish to know what this object is, what is the name of it, and are we allowed to kiss it, the same way we kiss the Black stone. | Praise be to Allah.In the book al-Taareekh al-Qadeem li Makkah wa
Bayt-Allaah il-Kareem (The Ancient History of Makkah and the Noble House of Allaah) by Muhammad Taahir al-Kurdi al-Makki (vol. 3, p. 256), it
says that the stone in the Yemeni Corner (al-Rukn al-Yamaani) goes back to the time when ‘Abd-Allaah ibn al-Zubayr (may Allaah be pleased with
him) rebuilt the Ka’bah, and that it has remained until our own times, and that everyone who has rebuilt the Ka’bah kept this stone as it was. He
says that in 1040 AH, during the time of Sultan Murad IV, who rebuilt the Ka’bah, the edge of the stone of this Corner was broken off, and molten
lead was poured in its place, and before that the pieces of the stone had been put together, using adhesive and nails, during the era of the
Fatimids.
Perhaps what you saw was that lead or the marks of
those nails, with changes in its colour because of perfume or being touched by the hands of people doing Tawaaf.
What is prescribed is to touch this corner,
without kissing it or saying Allaahu akbar. If you cannot touch it then you should not point to it, because that was not narrated from the Prophet
(peace and blessings of Allaah be upon him).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on
him) said:
The Messenger (peace and blessings of Allaah
be upon him) used to touch the Yemeni Corner, but he did not say Allaahu akbar. So based on this it is not Sunnah to say Allaahu akbar when
touching it.
Al-Sharh al-Mumti’,
7/283.
Shaykh al-Albaani (may Allaah have mercy on him)
said:
(The pilgrim) touch the Yemeni Corner with his
hand in each circuit (of Tawaaf), but he should not kiss it. If it is not possible to touch it, then he should not point to it with his hand.
Manaasik al-Hajj wa’l-‘Umrah,
p. 22
Touching it is indicated by the hadeeth narrated by al-Haakim from Ibn ‘Umar, according to
which, when the Messenger of Allaah (peace and blessings of Allaah be upon him) circumambulated the Ka’bah (Tawaaf), he would touch the Black
Stone and the Yemeni Corner in each circuit.
Saheeh al-Jaami’, no.
4751.
Concerning the virtue of touching the Yemeni
Corner, the Prophet (peace and blessings of Allaah be upon him) said: “Touching the Black Stone and the Yemeni Corner indeed erases sins.”
(Narrated by Ahmad from Ibn ‘Umar; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 2194).
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/20425/the-yemeni-corner-of-the-kabah | 135 | 20,425 |
699 | There is no basis for Hijr Ismaa’eel being so called | Question
Did ismail alaihi al salam burried this mother hager in higr ismail.. as i hearded saying from one of our sheik | Praise be to Allah.First of all we should point out that there
is no basis for the people calling Hijr Ismaa’eel by this name, and Ismaa’eel knew nothing of this Hijr. Ibraaheem and Ismaa’eel (peace be upon
them) built the Ka’bah completely, including the area of the Hijr, then the walls of the Ka’bah became weakened because of a fire and flood that
happened before the mission of the Prophet (peace and blessings of Allaah be upon him) began. So Quraysh knocked down what was left of its
walls and rebuilt it. They ran out of money from good sources and were thus unable to complete the building on the foundations of Ibraaheem and
Ismaa’eel (peace be upon them), so they left the Hijr outside, and built a small wall around it to indicate that it was part of the Ka’bah. They
had stipulated for themselves the condition that nothing should be used for building it except money from good sources, and that the earnings of
prostitutes or profits from interest-based sales could not be used, or money that was acquired wrongfully by anyone.
In al-Saheehayn it is narrated that
‘Aa’ishah (may Allaah be pleased with her) said: “I asked the Prophet (peace and blessings of Allaah be upon him) about the wall – is it part
of the House? He said, ‘Yes.’ I said, ‘Why did they not incorporate it into the House?’ He said, ‘Your people ran out of money.’”
Narrated by al-Bukhaari, 1584; Muslim, 1333.
“The wall” here refers to the Hijr.
The correct way is to call it al-Hijr,
without attributing it to Ismaa’eel (peace be upon him).
It is not proven in any marfoo’ hadeeth that
Ismaa’eel (peace be upon him) was buried in this Hijr, or that Haajar was buried in it. But there are mawqoof reports with weak isnaads which may
be understood as meaning that the grave of Ismaa’eel is inside the Hijr.
For more information see Tahdheer
al-Saajid min Ittikhaadh al-Quboor Masaajid (Warning to Worshippers against Taking Graves as Places of Worship) by Shaykh al-Albaani (may
Allaah have mercy on him), p. 75, 76.
It is extremely unlikely that Ismaa’eel
(peace be upon him) would have buried his mother inside the Ka’bah, or that his sons would have buried him there. Such a suggestion needs proof,
and no such thing has been proven, praise be to Allaah.
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/22004/there-is-no-basis-for-hijr-ismaaeel-being-so-called | 135 | 22,004 |
700 | She took a sample of plants in Makkah for scientific research; does she have to offer expiation? | Question
I have done a research on plants about four years ago, when I was a university student. I took a sample of Mecca’s plants, about 3 to 5 leaves of trees located inside the haram. I did not cut a branch or anything like that. Although I know this place is sacred, I justified this by saying it is for the sake of knowledge, so it is permissible!
Please tell me if I have to expiate. How much is it and how shall it be distributed?. | Praise be to Allah.There are many ahaadeeth in
al-Saheehayn and elsewhere which speak of the sanctity of the plants
of the Makkan sanctuary, for example the words of the Prophet (peace
and blessings of Allaah be upon him) about Makkah: “It was not permissible
for anyone before me and it is not permissible for anyone after me; it was
only permitted to me for part of a day. Now, at this very hour, it is
sacred; its thorns are not to be cut, its trees are not to be cut down and
its lost property is not to be picked up except by the one who announces
it.” Narrated by al-Bukhaari (112) and Muslim (1355).
Imam Ibn Qudaamah (may
Allaah have mercy on him) said in al-Mughni (3/161): The scholars are
unanimously agreed that it is haraam to cut the trees of the Haram, but it
is permissible to take idhkhir [a kind of grass] and what people plant of
vegetables, crops and herbs. This was narrated by Ibn al-Mundhir. End
quote.
So they were unanimously
agreed that it is haraam to cut the trees of the Haram, but they differed
concerning some issues, such as:
Is it haraam to cut
everything in the Haram, or does the prohibition apply only to that which
grows by itself? Most of the scholars say that what is haraam is that which
grows by itself; that which is planted by people is not haraam.
Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) said in al-Sharh al-Mumti’ (7/218): What is
haraam is the plants of the Haram, not the onats of human beings. Based on
this, whatever has been planted by man or by his broadcasting seeds is not
forbidden, because it is his possession and is not attributed to the Haram,
rather it is attributed to its owner. End quote.
Also: is it haraam to take
leaves from the trees of the Haram or not? The Hanbalis do not regard it as
permissible to take the leaves, unlike the majority of scholars who say that
it is permissible to take them, because it does not harm the tree. This is
the view of the three other madhhabs. Ibn Qudaamah said in al-Mughni
(3/170): He does not have the right to take the leaves of the trees.
Al-Shaafa’i said: He may take them, because (the tree) is not harmed by
that. ‘Ata’ used to grant a concession allowing people to take the leaves of
the senna plant [a plant that is used for medicinal purposes] which is used
as a laxative [i.e., the water in which its leaves are steeped is drunk as a
laxative, as it says in Taaj al-‘Aroos], but it should not be
uprooted. ‘Amr ibn Dinar also granted a concession concerning this.
But the Prophet (peace
and blessings of Allaah be upon him) said: “Its thorns are not to be cut and
its trees are not to be cut down.” Narrated by Muslim. And if it is haraam
to take something, every part of it is haraam, like the feathers of a bird.
Their saying that it does
not harm the tree is not correct because it weakens it, and it may lead to
its destruction. End quote.
Based on this, if the
leaves that the sister took came from a tree that was not planted by humans,
then taking them is something concerning which there is a difference of
scholarly opinion, but the majority say that it is permissible whereas the
Hanbalis disallow it. If there was no public need for taking them, then if
she took them although she could have used some other leaves instead from
outside the Haram, then she should pray for forgiveness and repent to
Allaah. If there was an educational need that would benefit the people, and
a tree outside the Haram would not do instead, then there is no blame in sha
Allaah.
Whatever the case, there is
no liability and she does not have to offer expiation, because the fuqaha’
who do not allow taking leaves are the Hanbalis, and they do not impose
liability for the trees of the Haram. This was stated in a fatwa by the
Scholars of the Standing Committee in which it says:
If he destroys any of the
trees or plants of the Haram that belong to someone, then he must pay its
value to its owner, but if it does not belong to anyone, then he does not
have to do anything, but he should not do that deliberately, because the
Prophet (peace and blessings of Allaah be upon him) forbade it.
Fataawa al-Lajnah
al-Daa’imah (13/209).
But if this tree belonged
to someone, there is nothing wrong with taking these leaves in sha Allaah,
because this is something that is usually tolerated.
And Allaah knows best. | Ahkaam al haramayn rulings on the two sanctuaries | https://islamqa.info/en/categories/topics/135/ahkaam-al-haramayn-rulings-on-the-two-sanctuaries?page=2 | https://islamqa.info/en/answers/98564/she-took-a-sample-of-plants-in-makkah-for-scientific-research-does-she-have-to-offer-expiation | 135 | 98,564 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.