Believing in the word of Allah the Quran

Believing in the word of Allah the Quran

Allah Almighty accomplished the religion of truth of peace and His choice by blessing the Ummah with the beloved of all Prophets and last Messengers of Allah, Muhammad (SAW), descending upon Him the true and the greatest book of all time, The Holy Quran to let us guide and knowing Islam and learning quran, as narrated: O’ people! No Prophet would be raised after me and no new Ummah (would be formed) after you.

And,

Verily I have left amongst you that which will never lead you astray; the Book of Allah, which if you hold fast you shall never go astray

Read Quran it is the true word of Allah; Muhammad (SAW) is referring about it. Thus the Quran turns out to be an ultimate way of guidance descended upon all mankind till the Day of Judgment.

And also in Surah e Baqara, Allah Himself glorifies the Holy Quran

Al-Baqara [2:2] this is the book; in it is guidance sure, without doubt, to those who fear Allah.

After this it leaves no room for argument to the guided ones or doubt in hearts and souls of true believers that the book that was reviled on prophet Muhammad (SAW) the holy Quran is the source of guidance for whom who are searching for guidance of Allah and his blessings.

Those of us who believe in greatness of Quran and try to understand and follow the true teachings of God are definitely differentiated from the ones who don’t do so, as narrated in this verse:

Al-Baqara [2:78] and there are among them illiterates, who know not the book, but (see therein their own) desires, and they do nothing but conjecture.

What makes Muslims believe that the Quran

Muslims believe that Prophet Muhammad is not the author of the Quran. God is its Author. The following points bear the fact:

First of all, the Quran itself, at a number of places and in different ways, says that it is from God. One of the claims runs thus: “This is indeed a Quran most honourable, a Book well-guarded…a Revelation from the Lord of the Worlds.” (Quran 56:77-80)

(Here, one ought to know the features of the Quran to understand the claim better. For instance, if the Quran had consisted of a number of books, and each book was made up of a number of chapters, then each of the books had to claim that it was from God in order to render the WHOLE volume as coming from God. But, this is fortunately not so with the Quran. The Quran is just ONE Book made up of 114 chapters. So, if the Quran claims, in any of its chapters, that the Book is from God, then the WHOLE Quran is from God. Yet, the Quran does not make the divine claim only once, but several times in different phrases and in different chapters.)

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Conducting marriage contract by telephone

 

I want to get married to a girl but her father is in another country, and at present I cannot travel there for us to be all together, because of financial and other circumstances. I am also in a foreign country. Is it permissible for me to phone her father so that he can say, “I offer you my daughter So and so in marriage,” and I can say, “I accept,” with the consent of the girl and in the presence of two Muslim witnesses who are listening to what he and I say by means of speakers attached to the phone? Would this be considered as a valid marriage contract according to sharee’ah?

Praise be to Allaah. 

I put this question
to our Shaykh al-Mufti al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn
Baaz, who replied that if what is described is genuine (and there is
no cheating involved), then it achieves the purpose of meeting the shar’i
conditions of nikaah and the marriage contract is valid. And Allaah
knows best.

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

 

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

Praise be to Allaah.

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

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

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Registering marriage officially in Britain

 

I
live in England a country once know to be a Christian nation, but today it
is a completely secular country with no state religion, furthermore nearly
all ceremonies are carried without invoking the name of Allah. 
My question is

that if a Muslim couple marry
in one of this country’s registration marriage offices, for the purpose
of being recognised by the state as a married couple would it be
considered a valid nikah despite it being conducted by a
kafir
and without Allah (SWT) name being mentioned?

Praise be to Allaah. 

There
are four essentials in the marriage ceremony (nikaah), as stated in the following
guidelines:

“Any
marriage ceremony in which four people – the husband, the (wife’s) guardian
and two witnesses – are not present, is null and void.”

And
the Prophet (peace and blessings of Allaah be upon
him) said: “There is no nikaah except with a walee (guardian) and two witnesses.”
(See question #2127).

If
the wife is Muslim and the husband is Muslim, the walee must also be Muslim,
because a kaafir cannot be the walee of a Muslim. The person who is in charge
of the Muslims’ affairs in that country can take the place of a walee. The marriage
contract must be conducted in accordance with the Islamic sharee’ah, then there
is nothing wrong with confirming it through official channels in order to prevent
any problems and avoid any embarrassment. 
May Allaah bless our Prophet Muhammad.

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Ruling on marrying a woman who has no religion

 

Is it permissible for a Muslim man to marry
a woman who professes no faith or “deen” at all — an “agnostic”?

Praise be to Allaah.

This is not permitted at all, because Allaah says
(interpretation of the meaning): “… they are not lawful (wives) for the
disbelievers nor are the disbelievers lawful (husbands) for them…”
[al-Mumtahinah 60:10]. An exception is made in the case of chaste women of the People
of the Book (Jews and Christians), because Allaah says (interpretation of the meaning): “(Lawful
to you in marriage) are … and chaste women from those who were given the Scripture
(Jews and Christians) before your time…” [al-Maa’idah 5:5]. And Allaah
knows best.

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Ruling on a Woman Asking for a Divorce from Her Husband

 

If a couple differs in their Islamic perceptions. One who grow up in the West and
the other in the East. And they quarrel constantly and can’t come to an agreement.
At what point is talaq considered? Is it wrong for a sister to ask for talaq? Will she
be punished on the Day of Judgment? Does the Arsh of Ar-Rahman shake once
talaq is asked for? This is what one sister, growing up the West is being told by
her husband from the East.

Jazak Allah khayr for your response.

All Praises are Due to Allah

The divorce of a Muslimah from her husband is an affair which is loathsome to Allah and not a
praise worthy event. This is due to the problems and possible evils. However, if there is a
situation in the marriage life taking place between the man and the women, due to a defect or
defects in one or both of them, such problems of deen, bad character, sickness, or a defect
such as being sterile or similar. Then out of the mercy of Allah, seeking divorce is permissible.
In this case, it is okay and there is nothing prohibited in seeking a divorce.

The thing which is prohibited is a wife seeking a divorce from her husband for no reason of the
shariah. There is serious promise made for seeking a divorce without a valid reason. It is
reported in the hadith of the Prophet
(peace and blessings of Allah be upon him), “If a
women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden
for her”. (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #1187.)

The hadith “marry and do not divorce for verily divorce causes the arsha (throne of Allah) to
shake” is also forged and da’eef. (Al Jami As- Sagheer #2429)

Allah knows best.

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Giving talaaq (divorce) three times at once is bid’ah

 

Could you please let me know according to
the Shafi mishep, if a man can give his wife Talaaq tree(3) times at once.

Praise be to Allaah.

Giving talaaq (divorce) three times at once is bid’ah, and
goes against the aayah (interpretation of the meaning): “… When you divorce
women, divorce them at their ‘iddah (prescribed periods)…” [al-Talaaq
65:1]. If a Muslim wants to divorce his wife, he should divorce her according to the
Sunnah, which is to give one talaaq at a time when his wife is taahir (not menstruating)
and he has not yet had intercourse with her following her period, or when it is clear that
she is pregnant. According to the Shaafi’i madhhab and the majority of other
madhhabs, giving three talaaqs at once counts as three separate talaaqs and is
irrevocable, and the couple cannot remarry until the woman has been married to and
divorced from another man. Other scholars say that three talaaqs given at once count as
only one talaaq.

And Allaah knows best.

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Divorce at the time of menses

 

On the first day of her menses she forgot to tell her husband, and asked him for a divorce, and the third talaaq was issued. Then she remembered that and told him. What is the shar’i response to that?.

Praise be to Allaah.

The fuqaha’ differed as to whether the divorce of a
menstruating woman counts as such or not. The majority are of the view that
it does count as such, but there is a group of ‘ulama’ who say that it does
not, and this is the view reflected in the fatwas of many contemporary
fuqaha’ such as Shaykh Ibn Baaz (may Allaah have mercy on him) and Shaykh
Ibn ‘Uthaymeen (may Allaah have mercy on him). 

Shaykh Ibn Baaz (may Allaah have mercy on him) said: Divorce
of a menstruating woman does not count as such according to the more sound
of the two scholarly opinions, which is contrary to the view of the
majority. The majority of scholars think that it does count as such, but the
correct scholarly view is that reflected in the fatwas of some of the
Taabi’een and in the fatwa of Ibn ‘Umar (may Allaah be pleased with him).
This is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his
student Ibn al-Qayyim and a number of scholars who said that this divorce
does not count as such, because it is contrary to the laws of Allaah. Allaah
decreed that a woman should be divorced when she is in a state of purity,
free from nifaas (postpartum bleeding) and menses, and during a time of
purity when her husband has not yet had intercourse with her. This is the
divorce that is prescribed according to sharee’ah. If he divorces her during
her menses or nifaas, or during a time of purity when he has had intercourse
with her, then his divorce is bid’ah (an innovation) and does not count as
such according to the more sound of the two scholarly views, because Allaah
says (interpretation of the meaning): 

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

[al-Talaaq 65:1] 

What this means is when they are pure (not menstruating) and
you have not had intercourse with them. This is what the scholars have said
about divorcing them at their prescribed periods, they should be pure (not
menstruating) and you should not have had intercourse with them, or they
should be pregnant. This is what is meant by divorce at their prescribed
periods. End quote from Fataawa al-Talaaq, p. 44 

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

Based on this, if the divorce was issued at the time of her
menses, it does not count and the woman is still married to her husband. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked about a man who divorced his wife when she was menstruating but he did
not know that she was menstruating – does this divorce count as such? 

He replied: 

The scholars differed concerning a divorce that takes place
when a woman has her monthly period, and there was a lengthy discussion as
to whether the divorce counts or not. The majority of scholars are of the
view that it does count as such and is regarded as a divorce, but the man
should be told to take her back and keep her until she has become pure from
her menses, then menstruated a second time and become pure. Then if he
wishes he may keep her and if he wishes he may divorce her. This is the view
of the majority of scholars, include the four imams: Ahmad, al-Shaafa’i,
Maalik and Abu Haneefah. But the more correct view in our opinion is that
favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him),
that divorce at the time of menses does not count as such, because it goes
against the command of Allaah and His Messenger. The Prophet (peace and
blessings of Allaah be upon him) said: “Whoever does any action that is not
in accordance with this matter of ours will have it rejected.” The evidence
concerning this very issue is the hadeeth of ‘Abd-Allaah ibn ‘Umar, when he
divorced his wife at the time of her menses. He told the Prophet (peace
and blessings of Allaah be upon him) about that and the Messenger of Allaah
(peace and blessings of Allaah be upon him) got very angry and said:
“Tell him to take her back, then keep her until she has become pure, then
menstruated, then become pure, then if he wishes he may keep her after that
and if he wishes he may divorce her.” Then the Prophet (peace and
blessings of Allaah be upon him) said: “That is the prescribed period at
which Allaah has commanded men to divorce women.” The prescribed period at
which Allaah has commanded men to divorce women means that a man may only
divorce his wife when she is pure (not menstruating) and he has not had
intercourse with her. Based on this, if he divorces her when she is
menstruating, he has not divorced her in accordance with the command of
Allaah, so it is to be rejected. We think that the divorce that has been
issued to this woman does not count as such, and that the woman is still
married to her husband. It does not matter whether the husband knew that she
was menstruating or not menstruating when he issued the divorce. Yes, his
knowledge of her condition does not matter, but if he knew about that then
he has committed a sin, and the divorce does not count. If he did not know,
then the divorce still does not count, but there is no sin on the husband.
End quote. 

Fataawa Islamiyyah, 3/268.

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Divorce in writing

 

If a husband writes a text message to his wife on the cell phone, saying “You are divorced” then he says that he did not mean it as a divorce, does that count as a divorce?.

Praise be to Allaah.

Firstly: 

The fuqaha’ are
unanimously agreed that divorce may take place in writing, because divorce
may be understood from writing letters, so it is akin to speaking, and
because writing may take the place of words uttered by the writer. The
evidence for that is the fact that the Prophet (peace and blessings of
Allaah be upon him) was commanded to convey the message, so he conveyed it
sometimes by speaking and sometimes in writing. So the writing by means of
which divorce takes place is clear writing, such as writing on a paper, a
wall or on the ground, in a manner that can be understood and read. As for
writing that is not clear, such as writing in the air or in water or
anything that cannot be understood and read, this does not count as a
divorce, because this writing is like muttering that cannot be heard. End
quote. 

Al-Mawsoo’ah al-Fiqhiyyah,
12/217 

Secondly: 

If the husband writes a
message to his wife saying “You are divorced,” whether that is via a mobile
phone or on a piece of paper or via e-mail, then it depends on his intention
at the time of writing. If he was determined to divorce her, then it counts
as a divorce, but if he wrote that without the intention of divorce, rather
he wanted to make his wife upset or some other reason, then it does not
count as a divorce. 

Ibn Qudaamah (may Allaah have mercy on him) said: Divorce
does not take place if the word of divorce (talaaq) is not uttered, except
in two cases, one of which is when a person is unable to speak, such as a
man who is mute; if he issues a divorce by means of gestures, then his wife
is divorced. 

The second case is if the divorce is written; if he intended
it as such then his wife is divorced. This is the view of al-Sha’bi,
al-Nakha’i, al-Zuhri, al-Hakam, Abu Haneefah and Maalik, and it is the view
that is narrated from al-Shaafa’i. 

If a man writes it without intending divorce, then it does
not count as such according to the majority of scholars, because writing is
open to interpretation, and he may have intended just to test the pen, or
improve his handwriting, or upset his wife, without intending it (as a
divorce). End quote from al-Mughni, 7/373 

It says in Mataalib Ooli al-Nuha (5/346): If the one who
wrote the words of divorce says: I only intended to improve my handwriting
thereby, or I only intended to upset my wife, that is to be accepted,
because he knows best what his intention was, and he intended something that
may be interpreted as other than divorce… and if he intended to upset his
wife by making her think that he was divorcing her when in fact that was not
the case, then he was not intending to divorce her. End quote. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: a
man was sitting with his sister and his wife and he asked his sister to
bring him a pen, then he wrote on a paper: “Talaaq, talaaq (divorce,
divorce)” without referring to anybody. His sister got angry and took the
pen, then she wrote three times, Talaaq, talaaq, talaaq (divorce, divorce,
divorce).” Then she threw the paper to his wife and said to her: “Look, is
what I have written correct?” But he did not intend to write these words for
his wife. 

He replied: This divorce does not count as such for the wife
mentioned, if he did not intend thereby to divorce her. Rather he was simply
writing or he intended something other than divorce, because the Prophet
(peace and blessings of Allaah be upon him) said: “Actions are but by
intentions…” 

This view was held by very many of the scholars and some of
them narrated that it was the view of the majority, because writing is like
a metaphor, and a metaphor does not count as a divorce unless it is intended
as such, according to the more correct of the two scholarly opinions, unless
the writing is accompanied by evidence that the intention was divorce, in
which case it counts as such. 

In the incident mentioned, there is nothing to indicate that
the intention was divorce, so the marriage remains as it is, and actions are
judged by intentions. End quote. 

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him)
said: 

We have received your question, from which we understand that
a man wrote one divorce to his wife So and so the daughter of So and so, and
that he added his signature and name to the writing, but he did not intend
thereby to divorce his wife at all. Rather he wrote the paper to scare his
wife and threaten her so that she would stop treating her husband badly. You
are asking whether this man’s divorce of his wife counts as such or not.

The answer: Praise be to Allaah. If the matter is as
described, and by clearly writing words of divorce to his wife he did not
intend anything other than to threaten her and scare her so that she would
stop treating him badly, and he did not intend divorce at all, then this
does not count as a divorce. And Allaah is the Source of strength. End
quote. 

Fataawa Muhammad ibn Ibraaheem,
11/ question no. 3051 

Shaykh Muhammad ibn
Ibraaheem was also asked about a man who wrote words of divorce to his wife,
intending thereby to upset his wife and threaten her. He replied: 

It seems to us that this divorce does not count as such,
rather he intended thereby to upset his wife and threaten her. The scholars
have stated that if he intended by writing the words of divorce to improve
his handwriting or upset his family, then his intention is to be accepted
and the divorce does not count as such. It says in Sharh Zaad
al-Mustaqni’ (vol. 3 p. 150): If a man clearly writes the word of
divorce to his wife in such a way that it appears clear, it counts as a
divorce even if he did not intend it as such, because it is clearly stated.
If he says, “I intended only to improve my handwriting or to upset my
family,” that is to be accepted. End quote. 

And Allaah is the Source of strength. End quote. 

Fataawa Muhammad ibn Ibraaheem, 11/question no. 3050.

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He issued a divorce document when he does not really want to divorce

 

My father has issued a divorce document in my mother’s presence; so that I can obtain exemption from military service. They both signed the document. My father did not utter the word of divorce neither did he write it. They explained to the registrar that the document is needed for the mentioned purpose only, and that he does not to divorce my mother. 

1- What is the ruling on what my father did?

2- Is that considered divorce? Bear in mind that my father has divorced my mother twice before, and the third time (which I am asking about) has taken place while my mother wasn’t in her menstruating days, my father did not have intercourse with her. He had intercourse with her a while after they signed the divorce document. What should my father do? 

If what my father did is not considered divorce then how can my father ensure my mother’s right in his inheritance? In the eye of law my mother is a divorcee.  

My mother lives with us in the same home. My father is spending on her and provides for her all that she needs. But my father is married to another woman and he lives in another home with his second wife. He visits us a lot and sees to our needs. 

My father wants to know the ruling on what he has done, and is asking if it permissible for him to return my mother to him after this documented divorce without another document of raj’aa (a man taking his divorced wife back to him).

Praise be to Allaah.

Firstly: 

If a man writes a clear statement of divorce in his own hand,
then it does not count as a divorce unless he intended it as such, according
to the majority of scholars, because writing may be subject to different
interpretations. 

Ibn Qudaamah (may Allaah have mercy on him) said (7/373):
Divorce does not count as such without uttering the words of divorce, except
in two cases:

(i)               
a person who is unable to
speak, such as one who is mute; if he issues a divorce by means of gestures
then his wife is divorced. This was the view of Maalik, al-Shaafa’i and
ahsaab al-ra’y, and we do not know of anyone who disagreed with them.

(ii)             
if he writes the divorce – if
he intended it then his wife is divorced. This is the view of al-Sha’bi,
al-Nakha’i, al-Zuhri, Abu Haneefah and Maalik, and it is the stated view of
the Shaafa’is.  

But if he wrote it without intending to divorce her, then
some scholars are of the view that it counts as such. This is the view of
al-Sha’bi, al-Nakha’i, al-Zuhri and al-Hakam, because of what we mentioned. 

The second view is that it only counts as such if he intended
it. This is the view of Abu Haneefah and Maalik and is the stated view of
al-Shaafa’i, because writing is subject to interpretation. He may have
intended thereby to try out the pen, or improve his handwriting, or make his
wife worried without intending divorce. End quote. 

As your father did not utter the word of divorce and did not
write it, rather it was written by someone else, and he signed it without
intending divorce, then divorce has not taken place. 

Secondly:  

Your father’s actions have obvious negative results,
including the issue of inheritance if the estate is divided by the state,
because there is no inheritance between your father and your mother in this
case. But if the inheritance will not be divided by the state, then the way
out is for your father to bring two witnesses of good character to testify
that the marriage is still in effect between him and your mother, and also
broadcast that among people. Then if one of them died the other will inherit
from him or her. 

Another negative consequence is that if Allaah blesses him
with a child from your mother, then he will not be able to register the
birth, in addition to the lying and fabrication involved in his action. 

Thirdly: 

As the divorce asked about does not count as such – as stated
above – there is no need for him to take your mother back formally.

And Allaah knows best.

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