PUT A SMILE ON HER FACE

 

PUT A SMILE ON HER FACE

The Prophet (ﷺ) urges men to enjoy women with their crookedness. When she is angry, he should be relaxed. When she gives a long face, he should meet her with a smiling face. Were he to treat her as she treats him, their dispute, disagreement, quarrel, and insult would last for a long time. They may not find someone who gives him a ruling that his divorce is ineffective, so problems will begin.

The rational man can easily put a smile on his wife's face because any good word, especially from her husband, pleases her. Likewise, every bad word makes her angry. 

Book: The Book of Marriage [part two]

By Shaykh Muhammad Ibn Saalih al-Uthaymeen

Maktabatulirshad Publications

P. 102

[To read this text translated into Spanish Language click here]

Covering up the deficiencies of a woman who you want to propose to if she had repented

 Covering up the deficiencies of a woman who you want to propose to if she had repented

Translated By Abbas Abu Yahya

From Tariq bin Shihaab:

‘A man was asked for his daughter’s hand in marriage and she had previously committed a bad deed which he knew about.

So, he came to Umar and mentioned it to him, Umar said:

‘Now what have you seen from her?’

The man said: ‘I have not seen anything except good! ‘

Umar said:

                   «فَزَوِّجْهَا وَلَا تُخْبِرْ».

   ‘Marry her and do not tell anyone.’

[Collected by AbdurRazzaq in al-Musanaf no. 10689 & it is authentic]

[To read this text translated into Spanish Language, click here]

● قال عَبْد ُ الرَّزَّاقِ في مصنفه (١٠٦٨٩) عَنِ الثَّوْرِيِّ، عَنْ قَيْسِ بْنِ مُسْلِمٍ، عَنْ طَارِقِ بْنِ شِهَابٍ:

أَنَّ رَجُلًا خَطَبَ إِلَيْهِ ابْنَةً لَهُ، وَكَانَتْ قَدْ أَحْدَثَتْ لَهُ،  فَجَاءَ إِلَى عُمَرَ فَذَكَرَ ذَلِكَ لَهُ فَقَالَ عُمَرُ:

«مَا رَأَيْتَ مِنْهَا؟»

قَالَ: مَا رَأَيْتُ إِلَّا خَيْرًا !

قَالَ: «فَزَوِّجْهَا وَلَا تُخْبِرْ».

[صحيح]

قَوْلُهُ: مَا رَأَيْتُ مِنْهَا إِلَّا خَيْرًا يَعْنِي: بَعْدَ الْحَدَثِ.

Text in English and Arabic taken from: https://followingthesunnah.com/covering-up-the-deficiencies-of-awoman-who-you-want-to-propose-to-if-she-had-repented/

THE MOST BEAUTIFUL IN ONE'S EYES

 

THE MOST BEAUTIFUL IN ONE'S EYES

Abu Hurairah (رضي الله عنه) reported, the Prophet (ﷺ) said,

"A woman is married for four reasons: for her wealth, for her class, for her beauty or for her piety. Select the pious, may your hand be rubbed in the dust!" 

* Bukhari (5090) and Muslim (1466)

"Select the pious," meaning to look upon her as a prize you want to win. "The pious" meaning the religious one. 

One should know that if they follow this advice, this religious woman will turn out to be the most beautiful in one's eyes even if she is only slightly beautiful. Beauty is not the only criterion. Sometimes the woman looks very beautiful, but Allāh makes her look ugly in her husband's view. And he hears people talk about her beauty, but, in fact, she is not beautiful because hearts are controlled by Allāh. 

Book: The Book of Marriage part one

By Shaykh Muhammad Ibn Saalih al-Uthaymeen

Maktabatulirshad Publications

P. 59, 60, 61

[To read this text translated to Spanish Language click here]

Marriage is not lust and the woman is not just pleasure and enjoyment – By Shaikh Abdul Azeez Aala Shaikh

 

Marriage is not lust and the woman is not just pleasure and enjoyment – By Shaikh Abdul Azeez Aala Shaikh [may Allaah preserve him]

The noble Sheikh, the Mufti of the committee of major scholars in Saudi Arabia, Sheikh Abdul Aziz ibn Abdullah Aali Shiekh declared that marriage is not just about lust and fulfilling the desires rather it is security and living together and stability.

And the noble Sheikh said: Some of the Muslims have an incorrect understanding about marriage, understanding it in a way other than its reality. Some of them have an understanding that marriage is simply about fulfilling their desires, so although they might implement the legislated marriage contract, their intention with this marriage is not stability nor commitment rather he marries and in himself he is planning to divorce her, meaning he knows in himself that he will marry her for a specific time period even if he does not mention this or disclose this.

So he marries her due to his desire for her not to have serenity and peace of mind with her, but he only counts her as just a simple pleasure; so he’s always on the verge of divorcing her and bringing in someone other than her. So he is a husband and at the same time he mixes this with the intention of divorce. And he does not want from the woman anything other than pleasure.

This is deception to the woman and dishonesty and misleading her; and if a man came to his daughter or his sister and he knew that he did not want her except for this purpose he would not allow him to marry her, but when it comes to other peoples daughters he does whatever he wants.

And all of this is from deception and dishonesty and fraud and betrayal. And for this reason Islam has prohibited temporary marriage; and this is to marry for an estimated number of days for an agreed upon specific duration. Therefore this was made impermissible due to the harms that it contains.

And the Sheikh said: So what the person does not like for his daughters then he should not like it for the daughters of the Muslims.

And the Sheikh said: And some of the people might travel to places in order to find marriage for a specific number of days or months and he thinks this is a marriage contract and all of this is trivial to him, so he falls into sin.

And there are some who marry a number of women before (the other women he divorced) finish their waiting period. So he will merge the marriage to more than ten women in one month without any concern for the Islamic legislated contract.

And the Mufti said: The Muslim must have good judgment and he should not let his goal be to fulfill his desire in a way that is not in accordance with the Islamic legislation. And he must adorn himself with the manners of Islam, and he must look at other peoples daughters just like he looks at his own daughters and his own sisters, and he should put people in the position that he likes to be in.

Therefore if the person believes it allowable to do evil to the daughters of others and to not comply with the Islamic standard and then he does not want this same evil for his daughters; then why this discrepancy? Where is the balance, where is the justice?

Unfortunately, there are some Muslims who make permissible that which Allah has made impermissible so in a matter of days they marry a number of women, all with the intention of divorce, seeking by this to gain some benefit (from the wife) in the summer or the winter or other than this, and Islam prohibits this. Therefore Islam wants for us to be well-balanced in our contracts and to put others in the position of our daughters and our sisters and to be truthful in our dealings.

And the Sheikh said: And some of them go and travel and get married against the normal system and then they fall into sin or serious situations and perhaps they might abandon their wives or leave them and not return to them after they have become pregnant or given birth to his child, so this exposes the Muslim descendants to danger. And some of them dont care about their wives or their children so major problems occur as a result of this treacherous marriage. 

( A summary translation by Abu Qayla Rasheed bin Estes Barbee taken from sahab.net: http://www.sahab.net/forums/showthread.php?t=354427)

Taken from: https://www.salafitalk.net/st/viewmessages.cfm?Forum=29&Topic=6408

A WOMAN NEEDS TO HEAR SWEET WORDS

 A WOMAN NEEDS TO HEAR

 SWEET WORDS

A woman needs to hear sweet and loving words from her spouse. If she does not hear them from her husband, the Shaytān may play with her, enticing her to listen to them from a stranger, so she enters into destruction. 

Book: Divorce Its Reasons and Its Cures

By Shaykh Abū Furayhān Jamāl Ibn Furayhān al-Hārithī

Translated by Jamil Finch

Hikmah Publications

P. 49

[To read this text in Spanish, click here]

ALLĀH HAS PLACED LOVE AND MERCY BETWEEN THEM

 

ALLĀH HAS PLACED LOVE 

AND MERCY BETWEEN THEM

Shaykh Sālih al-Fawzān (حفظه الله) said:

He is a foreign man and she is a foreign woman, and Allāh has brought them together and joined their hearts and has placed between them love and mercy.

Book: The Status of the Women in Islam 

By Shaykh Saalih Al-Fawzaan

Translated by Rāhā bin Donald Batts

Authentic Statements Publications 

P. 10

[To read this text in Spanish language, click here].

MAKE SURE YOU THANK HER..

 MAKE SURE YOU THANK HER..

It is very important that you recognize and acknowledge everything that your wife does for you, your children, your parents and relatives. You should show her your appreciation by showing her kindness and tenderness. You should make sure that she hears you praise her and thank her and you should not forget to supplicate for her. 

Book: The Concise Manual Marriage 

By Imaam Muhammad Ibn Saalih al-'Uthaymeen 

Translated and published by

T•R•O•I•D Publications 

P. 88

[To read this text in Spanish language, click here]

THE MARRIAGE GUIDE

 

THE MARRIAGE GUIDE

Imām Muhammad Nāsir al-Dīn al-Albāni: 

Marriage is an important institution in the great religion of Islām. Humans have been created as social creatures, requiring interactions with each other in order to survive. Harmoniously coexisting in love and mercy amongst men and women were created to complement one another in companionship.

The family as a basic social institution is the cornerstone of society, and strong marriages are the basis for strong communities.

Thus, marriage was the way of the previous prophets and messengers, and it was the practice of our noble Prophet Muhammad (ﷺ) and his companions - may Allāh be pleased with them all, Amin. 

Book: The Marriage Guide According To The Sunnah Of The Prophet ﷺ

By Imām Muhammad Nāsir al-Dīn al-Albāni

Translated from the original Arabic 

Dār as-Sunnah Publishers 

Back cover

[To read this text in Spanish Language click here]

COOPERATE AND WORK TOGETHER

 

COOPERATE AND WORK TOGETHER 

It is imperative that you both cooperate and work together for the greater good, which is to please Allaah, the Glorified and Exalted. This can occur when two righteous spouses help one and other to preserve their prayer and cooperate with each other in whatever pleases Allaah and in whatever averts His displeasure; they should also please Allaah by encouraging one another to pray at night since the night prayer is filled with goodness and blessings and the supplication that is offered in the middle of the night is accepted. 

Book: The Concise Manual Marriage 

By Imaam Muhammad Ibn Saalih al-'Uthaymeen 

Translated and published by

T•R•O•I•D Publications 

P. 93

HE HOME IS A PLACE OF COMFORT

HE HOME IS A PLACE OF COMFORT 

The home (is a place) in which the husband lives in tranquility, safety, and stability, and it is that which will reap fruits for his Ummah. The home (is a place) in which children are raised correctly which will result in the rectification of this nation by way of the rectification of the future generations. And the two spouses are the foundation of the family. If the relationship between the two of them is bad, then there will be no stability in the home. 

Book: A Woman's Guide to Raising a Family 

By Shaykh Sālih al-Fawzān 

Translated by Raha Batts 

Hikmah Publications 

P. 40

[To read this text in Spanish click here]

AN INTELLIGENT PERSON DOES NOT REVEAL A SECRET

 AN INTELLIGENT PERSON DOES

 NOT REVEAL A SECRET

It is narrated that one of the pious once wanted to divorce his wife. When he was asked: 'What makes you dislike her?' He said: 'An intelligent person does not reveal a secret.' When he had divorced her he was asked: 'What made you divorce her?' His reply was: 'I do not wish to talk about a woman that is not mine.'

Book: The Refinement Of Character 

By Imām Ibn Qudāmah al-Maqdīsī 

Translated and Published by 

Dār as-Sunnah Publishers 

P. 32

[To read this text in Spanish language click here]

The Wisdom of Marriage & The Fallacy of Dating : Dr. Muhammad Taqi-ud-Din Al-Hilali

 

The Wisdom of Marriage & The Fallacy 

of Dating : Dr. Muhammad 

Taqi-ud-Din Al-Hilali

Taken from his book ‘The rulings of al-Khula’ in Islaam’ pg. 36-38.

The great scholar and daa’ee, Dr. Muhammad Taqi-ud-Din Al-Hilali[1] said, “….And in the Sunan of Ibn Majah the prophet (sallallaahu ‘alayhe wa sallam) stated, “From the things that makes a man happy is a righteous wife whom whenever he looks at her she pleases him, whenever he commands her she obeys him, and whenever he is absent she is faithful with herself and his wealth.” Hadeeth hasan (hadeeth no. 1857).

So look – may Allaah have mercy on you – at this hadeeth which illustrates therein a very high wisdom from the lips of the one who has been given concise, eloquent speech that contains much profound meaning. For indeed herein he summed up the conditions for a happy martial life:

1. The first one is that the woman is attractive in the eyes of the husband

2. She willingly fulfills his requests and does what he wants; and this is the sign of true love

3. He trusts her and she trusts him. Hence if he is absent for a long or short period, he will be rest assured that she will safeguard her honor and integrity, and ensure that his wealth is not wasted

Without these conditions neither of the spouses can ever be happy. And the Europeans have claimed to have attained the pinnacle of marital bliss because they allow the fiancé to interact with his fiancée before the marriage in a manner that is very disturbing. It is quite possible for this relationship to continue like this for years whereby they are ‘still getting to know each other,’ to get to learn the other person’s behavioral traits and personality so that they can be more compatible with each other in order to make the relationship more lasting. They know however that this is a big farce. Because neither of the spouses trust the other – as far as being faithful to each other, or being honest with their money. Because the husband cannot tell his wife to do anything because obedience is not an obligation for them. Hence they are like two business or trade partners. And this illustrates the fallacy of the stipulation which is that they must ‘be in love’ first.

As for the argument that supports unrestricted interaction before the marriage contract, (this is also a fallacy) because they do not really get to know the true character of the other companion because each of them ‘puts on an act’ for the other, and feign signs of adulation for fear that the engagement will be called off. And almost none of them reveals his/her true character until they get married. And there are many incidents like this that proves this to be true. For indeed this happened in Germany in the city of Bonn wherein a man who was engaged to his fiancée for 20 years, and they lived together as a man would live with his wife. However when they married the marriage did not last but one year; all of it being disagreements, bickering, and argumentation, eventually ending in divorce.”

Taken from his book ‘The rulings of al-Khula’ in Islaam’ pg. 36-38.

Foot Notes:

[1] He is a descendant of the Prophet’s grandson Husain (radiallaahu anhu). He was born in Morocco in 1311 (1893) and he died 1408 (1997). He is well known for his translation of the meanings of the interpretation of the Noble Qur’an and Sahih Al-Bukhari.

Shaykh Hammaad al-Ansaaree said about him, “In reality I have met anyone who has more knowledge in so many various subjects other than Dr. al-Hilali. Forty five years have passed and I have never seen anyone like him. He was fluent in languages such as Hebrew, German, English, Spanish, in addition to being a scholar in Arabic. He is my shaykh for I benefit from him greatly. He was salafi in his aqeedah, and if you read his book about at-Tawheed you would know that no one knows at-Tawheed in the Qur’an like him.”

Taken from: https://abdurrahman.org/2014/02/01/wisdommarriagefallacydating/

Satan hates the good relationship between husband and wife

 

Satan hates the good relationship

 between husband and wife

-By Imaam Ibnul Qayyim

Narrated Jabir [radiyallaahu-anhu] that Allaah’s Messenger [sallal-laahu-alayhi-wasallam] said: Iblis places his throne upon water; he then sends detachments [for creating dissension]; the nearer to him in rank are those who are most notorious in creating dissension. One of them comes and says: I did so and so. And he says: You have done nothing. Then one amongst them comes and says: I did not spare so and so until I sowed the seed of discord between a husband and a wife. The Satan goes near him and says: ‘You have done well. A’mash said: He then embraces him. [Saheeh Muslim. Number:2813]

And because of the fact that this bond [between husband and wife] is from the most beloved affairs to Allaah and His Messenger, it is from the most hated affairs to the enemy of Allaah [i.e. shaytaan]. Therefore he hastens to split two people who love another for the sake of Allaah.

[Source: Rawdatul Muhibbeen Wa Nuzhatul Mush-taaqeen. Page:188]

Perfection In A Wife?

 

Perfection In A Wife?

Shaykh Muhammad Ibn Al-Uthaymeen [D.1421 A.H.] [رحمه الله] said:

❝Indeed many husbands want their wives to be perfect. This matter is not possible, so due to that husbands fall into worry and concern and are incapable of enjoyment and delight with their wives, and perhaps this could lead to divorce.

Just like the Messenger [ﷺ] said:

«وإن ذهبت تقيمها كسرتها وكسرها طلاقها.»

'If you tried to straighten her you would break her, and breaking her is divorcing her.'

Therefore, it is necessary for the husband to be easy going and overlook everything that a wife does as long as it does not contradict the Deen or nobility.❞

[Haqooq Da'at Ilayhi Al Fitra, (No. 22) | Translated By Abbas Abu Yahya Miraath Al-Anbiyya]

[To read this in Spanish Language click here]

Spend On Your Families

 

Spend On Your Families

Shaykh Muhammad Ibn Sālih Al-‘Uthaymīn رحمه الله said: 

 

"A person is obligated to spend upon his family - upon his wife and children, in a reasonable manner, even if the wife is rich. The husband is obliged to spend upon her. And if the wife is a teacher and it has been stipulated that the husband allows her to work, he still has no right to anything of her salary, not even half."

 

[Sharh Riyād Us-Sālihīn. Translated by Salah Al-Iranee]

[To read this text in Spanish Language click here]

Reasons for Limiting to Only One Wife

 Reasons for Limiting to Only One Wife

Translated By Abbas Abu Yahya

Shaykh Muhammad Ibn al-Uthaymeen (d.1421 A.H.) said:

‘Some of the people of knowledge held the opinion that it is better to limit one self to one wife, the reasons they give are:

1 – That it is safer for a husband’s responsibility for his wife rather than oppressing his other wives.

This is because if a man marries two women or more, then perhaps he may not be able to do justice between them.

2- Also because, limiting one self to one wife is closer to preventing the family from becoming scattered.

This is because if he has more than one wife, the family can become scattered, since he will have children from one woman and also children from the other woman.

Also perhaps there may occur conflict and disunity between the children due to a conflict and disagreement between their mothers, as has been witnessed.

3- Likewise, having just one wife is closer to being able to fulfil the obligation of spending upon her and other matters.

4- It is also easier for a man to take into account justice. Indeed having a consideration for justice is a great matter,  which requires help and aid.

So due to that, we say, limiting to one wife is safer for that person.

However if a person sees in himself that one wife is not sufficient and does not keep him chaste, then indeed we would order him to marry a second, third and fourth wife until he can achieve tranquillity, and keep away from looking at women and have ease for the soul.’

[Sharh  Zaad  al-Mustaqna 12/13]

الاقتصار على الزوجة الواحدة افضل عند بعض العلماء ..

قال العلامة ابن عثيمين عليه رحمات رب العالمين – :

ﺫﻫﺐ ﺑﻌﺾ ﺃﻫﻞ ﺍﻟﻌﻠﻢ ﺇﻟﻰ ﺃﻧﻪ ﻳﺴﻦ ﺃﻥ ﻳﻘﺘﺼﺮ ﻋﻠﻰ ﻭﺍﺣﺪﺓ، ﻭﻋﻠﻞ ﺫﻟﻚ :

❶ ﺑﺄﻧﻪ ﺃﺳﻠﻢ ﻟﻠﺬﻣﺔ ﻣﻦ ﺍﻟﺠﻮﺭ؛ ﻷﻧﻪ ﺇﺫﺍ ﺗﺰﻭﺝ ﺍﺛﻨﺘﻴﻦ ﺃﻭ ﺃﻛﺜﺮ ﻓﻘﺪ ﻻﻳﺴﺘﻄﻴﻊ ﺍﻟﻌﺪﻝ ﺑﻴﻨﻬﻤﺎ.

❷ ﻭﻷﻧﻪ ﺃﻗﺮﺏ ﺇﻟﻰ ﻣﻨﻊ ﺗﺸﺘﺖ ﺍﻷﺳﺮﺓ، ﻓﺈﻧﻪ ﺇﺫﺍ ﻛﺎﻥ ﻟﻪ ﺃﻛﺜﺮ ﻣﻦ ﺍﻣﺮﺃﺓ ﺗﺸﺘﺖ ﺍﻷﺳﺮﺓ، ﻓﻴﻜﻮﻥ ﺃﻭﻻﺩ ﻟﻬﺬﻩ ﺍﻟﻤﺮﺃﺓ، ﻭﺃﻭﻻﺩ ﻟﻬﺬﻩ ﺍﻟﻤﺮﺃﺓ،

ﻭﺭﺑﻤﺎ ﻳﺤﺼﻞ ﺑﻴﻨﻬﻢ ﺗﻨﺎﻓﺮ ﺑﻨﺎﺀ ﻋﻠﻰ ﺍﻟﺘﻨﺎﻓﺮ ﺍﻟﺬﻱ ﺑﻴﻦ ﺍﻷﻣﻬﺎﺕ، ﻛﻤﺎ ﻫﻮ ﻣﺸﺎﻫﺪ ﻓﻲ ﺑﻌﺾ ﺍﻷﺣﻴﺎﻥ .

❸ ﻭﻷﻧﻪ ﺃﻗﺮﺏ ﺇﻟﻰ ﺍﻟﻘﻴﺎﻡ ﺑﻮﺍﺟﺒﻬﺎ ﻣﻦ ﺍﻟﻨﻔﻘﺔ ﻭﻏﻴﺮﻫﺎ .

❹ ﻭﺃﻫﻮﻥ ﻋﻠﻰ ﺍﻟﻤﺮﺀ ﻣﻦ ﻣﺮﺍﻋﺎﺓ ﺍﻟﻌﺪﻝ؛ ﻓﺈﻥ ﻣﺮﺍﻋﺎﺓ ﺍﻟﻌﺪﻝ ﺃﻣﺮ ﻋﻈﻴﻢ ، ﻳﺤﺘﺎﺝ ﺇﻟﻰ ﻣﻌﺎﻧﺎﺓ .

ﻭﻋﻠﻰ ﻫﺬﺍ ﻓﻨﻘﻮﻝ :

ﺍﻻﻗﺘﺼﺎﺭ ﻋﻠﻰ ﺍﻟﻮﺍﺣﺪﺓ ﺃﺳﻠﻢ له ﻭﻟﻜﻦ ﺇﺫﺍ ﻛﺎﻥ ﺍﻹﻧﺴﺎﻥ ﻳﺮﻯ ﻣﻦ ﻧﻔﺴﻪ ﺃﻥ ﺍﻟﻮﺍﺣﺪﺓ ﻻ ﺗﻜﻔﻴﻪ ﻭﻻ تعفه ﻓﺈﻧﻨﺎ ﻧﺄﻣﺮﻩ ﺑﺄﻥ ﻳﺘﺰﻭﺝ ﺛﺎﻧﻴﺔ ﻭﺛﺎﻟﺜﺔ ﻭﺭﺍﺑﻌﺔ ﺣﺘﻰ ﻳﺤﺼﻞ ﻟﻪ ﺍﻟﻄﻤﺄﻧﻴﻨﺔ، ﻭﻏﺾ ﺍﻟﺒﺼﺮ ﻭﺭﺍﺣﺔ ﺍﻟﻨﻔﺲ.“

【 ﺷﺮﺡ ﺯﺍﺩ ﺍﻟﻤﺴﺘﻘﻨﻊ : ١٣:١٢ 】

Taken from: https://followingthesunnah.com/2021/10/03/reasons-for-limiting-to-only-one-wife/

SERVING THE HOME TO THE BEST OF HER ABILITY

 بسم الله و الحمد لله ، والصلاة والسلام على رسول الله ، وعلى آله وصحبه ومن تولاه وبعد   

Chapter Two: On the Ethics of Marriage

SERVING THE HOME TO THE BEST OF HER ABILITY 

A woman should sit at home and stay with her spindle. She should not talk much with the neighbours and should stay away from people a lot when her husband is absent. She must protect him in his presence and absence and seeks to make him happy at all times. She does not betray him when it comes to herself or when it comes to his property and must not let anyone he dislikes set foot in the house or anyone else either without his permission. Let her worry about her own condition and taking care of the household by serving the home to the best of her ability. She should put her husband's rights before her own rights and the rights of all her relatives. 

Book: The Refinement Of Character 
By Imām Ibn Qudāmah al-Maqdīsī 
Translated and Published by 
Dār as-Sunnah Publishers 
P. 33

كتاب مختصر منهاج القاصدين

 وينبغى للمرأة أن تكون قاعدة فى بيتها، لازمة لمغزلها، قليلة الكلام لجيرانها، كثيرة الانقباض حالة غيبة زوجها، تحفظه غائباً وحاضراً، وتطلب مسرّته فى جميع الأحوال، ولا تخونه فى نفسها ولا فى ماله، ولا تُوطئ فراشه من يكره، ولا تأذن فى بيته إلا باذنه، ولتكن همتها صلاح شأنها وتدبير بيتها، قائمة بخدمة الدار فى كل ما أمكنها، ولتكن مُقَدَّمة لحق زوجها على حق نفسها وحق جميع أقربائها. 

The importance of marriage contract in Islam

قال الشيخ صالح الفوزان حفظه الله :

"من الشروط الصحيحة في النكاح : إذا شرطت عليه أن لا يتسرى ، أو لا يتزوج عليها ، فإن وفّى ، وإلا فلها الفسخ ؛ لحديث : (أَحَقُّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ) وكذا لو شرطت أن لا يفرق بينها وبين أولادها أو أبويها ؛ صح هذا الشرط ، فإن خالفه ؛ فلها الفسخ . ولو اشترطت زيادة في مهرها ، أو كونه من نقد معين ؛ صح الشرط ، وكان لازما ، ويجب عليه الوفاء به ، ولها الفسخ بعدمه ، وخيارها في ذلك على التراخي ، فتفسخ متى شاءت ؛ ما لم يوجد منها ما يدل على رضاها مع علمها بمخالفته لما شرطته عليه ؛ فحينئذ يسقط خيارها .

قال عمر بن الخطاب رضي الله عنه للذي قضى عليه بلزوم ما شرطته عليه زوجته فقال الرجل  إذاً يطلقننا . فقال عمر : مقاطع الحقوق عند الشروط . ولحديث : (الْمُؤْمِنُونَ عَلَى شُرُوطهمْ) قال العلامة ابن القيم : "يجب الوفاء بهذه الشروط التي هي أحق أن يوفيها ، وهو مقتضى الشرع والعقل والقياس الصحيح ؛ فإن المرأة لم ترض ببذل بضعها للزوج إلا على هذا الشرط ، ولو لم يجب الوفاء به ؛ لم يكن العقد عن تراض ، وكان إلزاماً بما لم يلزمها الله به ورسوله" انتهى .

"الملخص الفقهي" (2/345 ، 346) .

Shaykh Saalih al-Fawzaan (may Allah preserve him) said: 

Among other conditions that are valid in marriage is if she stipulates that he should not take another wife. If he fulfils the condition (all well and good), otherwise she has the right to annul the marriage because of the hadeeth, “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Similarly, if she stipulates that he should not separate her from her children or parents, this condition is valid and if he breaks it, she has the right to annul the marriage. If she stipulates that her mahr should be increased or that it should be in a specific currency, the condition is valid and binding, and he has to fulfil it, and she has the right of annulment if it is broken. In that case she has the choice and may decide any time she wants and may annul it whenever she wants, so long as there is nothing on her part to indicate that she accepts it if she knows that he has gone against what was stipulated; in that case she would no longer have the option. 

‘Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, “Divorce us in that case,” ‘Umar said: It is a must to fulfil the conditions, because of the hadeeth, “The believers are bound by their conditions.” Al-‘Allaamah Ibn al-Qayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by sharee’ah, reason and sound analogy, if the woman did not agree to become a man's wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory. End quote. 

Al-Mulakhkhas al-Fiqhi (2/345, 346) 

Marriage To One Who Commits Forbidden Sexual Intercourse

Marriage To One Who Commits Forbidden 

Sexual Intercourse: Sheikh Muhammad Ibn 

Saeed Raslaan

بسم الله الرحمن الرحيم

It is not permissible for a man to marry a woman that commits forbidden sexual intercourse, nor is it permitted for a woman to marry a man that does such, unless there occurs from both parties sincere repentance. The proof indicating this is the fact that Allah made chastity a condition found within all parties before the marriage. Just as He the exalted says:

اليومَ أُحلَّ لكم الطيبات و طعام الذين أُوتُو الكتاب حلٌّ لكم و طعامكم حلٌّ لهم و المحصنات من المؤمنات والمحصنات من الذين أُوتو الكتاب من قبلكم إذا ءَاتيتموهن أجورهن محصنين غير مسافحين و لا متخذي أحْدان

“This day the pure things have been made lawful for you. The people of the book’s food is lawful for you and yours is lawful for them. Likewise the chaste women from the believers and the chaste women from those given scripture before you when you give their bridal money (that being from) men desiring chastity, not committers of unlawful sex nor taking them as girlfriends…” [Al-Maa’idah: 5]

Also that which comes in His statement:

الزاني لا يَنْكِحُ إلاَّ زانيةً أو مشركة و الزانية لا يَنكحها إلاَّ زانٍ أو مشرك و حُرِمَ ذلك على المؤمنين

“The fornicator-adulterer does not marry except a fornicatress-adulteress or a idol worshiping woman. The fornicatress-adulteress no one marries her except a fornicator-adulterer, as the believers are forbidden from such. “[An-Nur: 3]

Allah forbade this. Prohibit upon the believing men is marriage to women that commit fornication and or adultery, as Allah orders chastity, and seeking the chaste woman and man. Thus forbidden upon the believer is marriage to whomever is described with committing prohibited sexual relations (fornication/adultery), or polytheism, because no one does that except a fornicator or polytheist, just as Allah Lord of the existence states.

As a result of this, you become aware that the affair, pertaining to the youth safeguarding their youthfulness, is tremendous. That is by him not involving himself in fornication, and the committing of immoral acts, likewise the young woman and the safeguarding of her youthful innocence. If this is the case, then it is a tremendous affair and a honorable gift.

Also the safeguarding of the woman after marriage, like we’ll see shortly. As Imam Ahmad held the opinion that if a woman committed adultery, while she has a husband, separation becomes binding. This affair will come shortly if Allah wills.

Imam Ahmad and Abu Dawud reported, with an authentic chain of transmission, upon the authority of Abu Huraira that Allah’s Messenger -sallahu alayhi wa sallam- said, “The whipped fornicator does not marry except one like him.” This narration is authentic.

The whipped fornicator: He who the Islamic punishment has been incurred upon.

Imam Ash-Shawkani said: “This description is commonly absent, pertaining to those that openly commit fornication and or adultery. In it is proof supporting the prohibition of a man marrying whomever openly commits forbidden sexual relations, likewise a woman marrying a man that does such. The previously mentioned verse alludes to this due to its last part, -and that is forbidden  for the believers.- Thus it is explicit as it relates to its prohibition.” 

It has not been made conditional that the Islamic penal punishment be inflicted upon him. On the contrary if he is known to commit prohibited sexual conduct, at this point it is prohibited for the believer to marry him off (to a believing woman). In addition if a woman is known to commit prohibit sexual relations, it is forbidden for a believer to marry her. This is the view of Qataadah, Ishaq, Ibn Ubayd, Ahmad, and Ibn Taymiyyah.

[To read this text in Spanish, click here]

Translated by Najeeb ibn Yusuf Al Anjelesi

Source: المحرمات من النساء

http://pureislaam.com/2017/03/08/marriage-to-one-who-commits-forbidden-sexual-intercourse-sheikh-muhammad-ibn-saeed-raslaan/

Marry after fornication: rulings

 بسم الله و الحمد لله ، والصلاة والسلام على رسول الله ، وعلى آله وصحبه ومن تولاه وبعد 

Marry after fornication: rulings

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. 

Fataawa Islamiyyah (3/247). 

وسئل علماء اللجنة الدائمة : 

زنى رجل ببكرٍ ويريد أن يتزوجها فهل يجوز له ذلك ؟ 

فأجابوا : 

" إذا كان الواقع كما ذكر : وجب على كلٍّ منهما أن يتوب إلى الله فيقلع عن هذه الجريمة ، ويندم على ما حصل منه من فعل الفاحشة ، ويعزم على ألا يعود إليها ، ويكثر من الأعمال الصالحة ، عسى الله أن يتوب عليه ويبدل سيئائه حسنات ، قال الله تعالى : ( وَالَّذِينَ لا يَدْعُونَ مَعَ اللَّهِ إِلَهاً آخَرَ وَلا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلا يَزْنُونَ وَمَنْ يَفْعَلْ ذَلِكَ يَلْقَ أَثَاماً . يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَاناً . إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلاً صَالِحاً فَأُولَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُوراً رَحِيماً . وَمَنْ تَابَ وَعَمِلَ صَالِحاً فَإِنَّهُ يَتُوبُ إِلَى اللَّهِ مَتَاباً ) الفرقان/68 – 71 . وإذا أراد أن يتزوجها : وجب عليه أن يستبرئها بحيضة قبل أن يعقد عليها النكاح ، وإن تبين حملها : لم يجز له العقد عليها إلا بعد أن تضع حملها ، عملاً بحديث نهي النبي صلى الله عليه وسلم أن يسقي الإنسان ماءه زرع غيره " " فتاوى إسلامية " ( 3 / 247 ) .

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in ash-Sharh al-Mumti‘ (13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer). 

But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion.

الشيخ ابن عثيمين رحمه الله : " بل إن القول المروي عن أبي بكر وجماعة من الصحابة قالرضي الله عنهم أن المزني بها لا عدة عليها إطلاقاً ولا تستبرئ ، لا سيما إذا كانت ذات زوج ؛ لقول الرسول عليه الصلاة السلام: (الولد للفراش) ، بل ينبغي للإنسان إذا علم أن زوجته زنت - والعياذ بالله - وتابت أن يجامعها في الحال ، حتى لا يبقى في قلبه شك في المستقبل ، هل حملت من جماع الزنا أو لم تحمل ؟ فإذا جامعها في الحال حُمِلَ الولد على أنه للزوج ، وليس للزاني . 

أما إذا كانت المرأة الزانية ليس لها زوج فلا بد أن تستبرئ بحيضة على القول الراجح “

"الشرح الممتع" (13/382

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: 

Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). 

Majmoo‘ al-Fataawa, 32/110 

قال شيخ الإسلام ابن تيمية رحمه الله :

" نِكَاحُ الزَّانِيَةِ حَرَامٌ حَتَّى تَتُوبَ سَوَاءٌ كَانَ زَنَى بِهَا هُوَ أَوْ غَيْرُهُ ، هَذَا هُوَ الصَّوَابُ بِلَا رَيْبٍ وَهُوَ مَذْهَبُ طَائِفَةٍ مِنْ السَّلَفِ وَالْخَلَفِ : مِنْهُمْ أَحْمَد بْنُ حَنْبَلٍ وَغَيْرُهُ وَذَهَبَ كَثِيرٌ مِنْ السَّلَفِ وَالْخَلَفِ إلَى جَوَازِهِ وَهُوَ قَوْلُ الثَّلَاثَةِ ؛ لَكِنْ مَالِكٌ يَشْتَرِطُ الِاسْتِبْرَاءَ وَأَبُو حَنِيفَةَ يُجَوِّزُ الْعَقْدَ قَبْلَ الِاسْتِبْرَاءِ إذَا كَانَتْ حَامِلًا ؛ لَكِنْ إذَا كَانَتْ حَامِلًا لَا يَجُوزُ وَطْؤُهَا حَتَّى تَضَعَ وَالشَّافِعِيُّ يُبِيحُ الْعَقْدَ وَالْوَطْءَ مُطْلَقًا ؛ لِأَنَّ مَاءَ الزَّانِي غَيْرُ مُحْتَرَمٍ وَحُكْمُهُ لَا يَلْحَقُهُ نَسَبُهُ ، هَذَا مَأْخَذُهُ ، وَأَبُو حَنِيفَةَ يُفَرِّقُ بَيْنَ الْحَامِلِ وَغَيْرِ الْحَامِلِ ؛ فَإِنَّ الْحَامِلَ إذَا وَطِئَهَا اسْتَلْحَقَ وَلَدًا لَيْسَ مِنْهُ قَطْعًا ؛ بِخِلَافِ غَيْرِ الْحَامِلِ ، وَمَالِكٌ وَأَحْمَد يَشْتَرِطَانِ " الِاسْتِبْرَاءَ " وَهُوَ الصَّوَابُ ؛ لَكِنْ مَالِكٌ وَأَحْمَد فِي رِوَايَةٍ يَشْتَرِطَانِ الِاسْتِبْرَاءَ بِحَيْضَةِ وَالرِّوَايَةُ الْأُخْرَى عَنْ أَحْمَد هِيَ الَّتِي عَلَيْهَا كَثِيرٌ مِنْ أَصْحَابِهِ كَالْقَاضِي أَبِي يَعْلَى وَأَتْبَاعِهِ أَنَّهُ لَا بُدَّ مِنْ ثَلَاثِ حِيَضٍ وَالصَّحِيحُ أَنَّهُ لَا يَجِبُ إلَّا الِاسْتِبْرَاءُ فَقَطْ " انتهى من "مجموع الفتاوى" (32 /110) .