Shar’i procedures when a wife rebels
Question:
What should a husband do if his wife rebels against him?
Praise be to Allaah.
Ibn Qudaamah said: If a man fears rebellious behaviour on the part of his wife, because she shows signs of rebellion by not responding to his requests for intimacy, or she responds but does so reluctantly, then he should warn her and advise her to fear Allaah; he should remind her of what Allaah has enjoined upon her of duties and obedience, the sin involved in what she is doing and the rights of spending and clothing that she will lose, and the fact that he is permitted to hit her and forsake her in bed, because Allaah says (interpretation of the meaning):
“As to those women on whose part you see ill‑conduct, admonish them (first)”[al-Nisaa’ 4:34]
If she persists and shows signs of rebellion and refuses to share his bed, then he may forsake her in bed as much as he wishes, because Allaah says (interpretation of the meaning):
“(next) refuse to share their beds”[al-Nisaa’ 4:34]
If she still persists, then he may hit her in a manner that does not cause harm, because Allaah says (interpretation of the meaning):
“(and last) beat them (lightly, if it is useful)”
[al-Nisaa’ 4:34]
The phrase (interpretation of the meaning):
“If you fear a breach between them twain (the man and his wife)”
[al-Nisaa’ 4:35]
means, if it is known to have reached this stage, then the judge should send an arbitrator from his family and an arbitrator from hers, both of whom should be trustworthy, to decide either to reconcile and keep them together or to separate and divorce, and whatever they do will be binding upon them. That means that if the spouses reach the point of separation or enmity, the judge should appoint two free, Muslim arbitrators of good character, preferably from their families, with their approval and appointed by them, so that they can investigate the case and do what they think is best to reconcile them or to let them divorce by talaaq or khula’. Then whatever they do will be binding upon them. The basis for this is the aayah (interpretation of the meaning]
“If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from hers; if they both wish for peace, Allaah will cause their reconciliation”
[al-Nisaa’ 4:35]
al-‘Iddah fi Sharh al-‘Umdah by Ibn Quddaamah al-Maqdisi, p. 481 (www.islam-qa.com)
Conditions for plural marriage
Question:
on what conditions is it allowed for a muslim to marry more than one wife?
Praise be to Allaah.
Marrying more than one wife is a matter which is recommended, subject to certain conditions: that the man be financially and physically able for it, and that he be able to treat his wives justly.
Plural marriage brings a lot of benefits, including protecting the chastity of the women whom he marries, bringing people closer together, and producing a lot of children. This is what the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) referred to when he said: “Marry the one who is loving and fertile”. And it serves a lot of other purposes. But for a man to marry more than one wife by way of boasting and taking that as a challenge to prove himself, this is a form of extravagance and extravagance is forbidden. Allaah says (interpretation of the meaning):
“and waste not by extravagance. Verily, He likes not al-musrifoon (those who waste by extravagance)”[al-An’aam 6:141]
Fataawa al-Shaykh Ibn ‘Uthaymeen, from Kitaab Fataawa Islamiyyah, vol. 3, p. 205. (www.islam-qa.com)
A woman refusing to have intercourse with her husband
Question:
If wife deos not allow his husband to have intercourse than what will
happen to women.
1.Women will be divorced.
2.Man should give her divorce.
3.Man should marriage someone else.
4.Others.
Praise be to Allaah.
If a woman refuses her husbands request to come to bed with no Islamically-sound reason (such as sickness, or his being drunk, for example), what happens is as described below:
Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: If a man calls his wife to his bed and she refuses [and does not come], and he spends the night angry with her, the angels will curse her until morning.
(Reported by al-Bukhaari, 4794; the additional phrase quoted in square brackets is from Abu Dawood, al-Sunan, Kitaab al-Nikaah, Bab haqq al-zawj alal-marah).In the phrase if a man calls his wife to his bed, the word bed is obviously a metaphor for intercourse. Metaphors are used in the Quraan and Sunnah to refer to things about which people usually feel shy. Does this apply only to the nighttime, or does it include daytime too? The answer may be found in a hadeeth narrated by Muslim: By the One in Whose hand is my soul, there is no man who calls his wife to his bed and she refuses, but the One Who is above the heavens [i.e. Allaah] will be angry with her, until he (her husband) is pleased with her. Ibn Khuzaymah and Ibn Hibbaan report a hadeeth narrated by Jaabir: There are three whose prayers will not be accepted and none of whose good deeds will ascend to heaven: a runaway slave, until he returns to his master; a drunken man until he becomes sober; and a woman with whom her husband is angry, until he is pleased with her. These are general terms, which include both night and day.
The phrase and he spends the night angry with her refers to the cause of the angels curse, because this confirms that she is a sinner, which is a different matter than if he accepts her excuse and is not angry with her, or lets the matter drop. Is she to blame if he keeps her away from his bed? The answer is: no, unless she is the one who started the separation and he is keeping away from her because of it, and she did not apologize but prolonged the separation. But if he is the one who started it, and is thus treating her unfairly, then she is not to blame. In one report, instead of the words the angels curse her until morning, the wording is until she returns and this is a useful variant.
This hadeeth tells us that denying a spouses rights whether physical or financial is something that will inevitably bring about the wrath of Allaah, unless Allaah grants His mercy to the sinner.
We also learn that the angels will pray against a sinner so long as he or she persists in the sin.
The hadeeth also directs a wife to help her husband and seek his satisfaction, because a man is less patient than a woman when it comes to doing without intercourse. The most disturbing thing for a man is his sexual impulse, so Islam urges women to help their husbands in this regard.
(Adapted and abbreviated from the commentary by al-Haafiz Ibn Hijr may Allaah have mercy on him on this hadeeth in Fath al-Baari).Whether the husband wants to discipline his wife, or forgive her, or take another wife, or divorce her, this is all up to him to choose. Let the woman beware of incurring her husbands wrath because this will lead to Allaahs being angry with her.
We ask Allaah to rectify this situation. May Allaah bless our Prophet Muhammad.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Ban on muslim women marrying kafir (unbeliever)
Question:
Can a non-muslim man marry a muslim woman?
It is absolutely not permissible under any circumstances in Islamic law (shari'a) of Allah, the most esteemed and exhalted, for a non-Muslim to marry a Muslim woman, as per what He has said regarding the marriage of a kafir (unbeliever) to a Muslim woman and vice versa: (interpretation of the meaning).
They are not lawful (wives) for the unbelievers, nor are the unbelievers lawful (husbands) for them... (Al-Mumtahina:10)
And Allah the most esteemed and exhalted has also said (interpretation of the meaning):
Nor marry (your girls) to unbelievers until they believe... (Al-Baqara:221)
i.e., it is not ever permissable for someone to marry his Muslim daughter or sister or any Muslim woman for whom he is a guardian to a kafir.
Islam must be exhalted and cannot be subjugated, so how could a Muslim woman be put under the care of a kafir man, when the man is normally naturally in a stronger position? In such a situation he could cause her to corrupt the practice of her religion or force her into subdual by causing her to live a life of oppression with him. He could also prevent her from practicing some of her religious rites. These are among the reasons for the aforementioned ban expressed in the previous ayaat. wallahu a'lam (and Allah is the most knowledgable).
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Muslim women marrying non-Muslim men in the hope that they may become Muslim
What is the ruling on a Muslim woman
marrying a non-Muslim man, especially when she hopes that he will become Muslim after
marriage? Many Muslim women claim that they cannot find suitable Muslim men, and that they
are faced with the threat of having to commit sin or live in extremely straitened
circumstances.
Answer:
Praise be to Allaah.
It is forbidden for Muslim women to marry non-Muslim men, according to the Quraan, the Sunnah and the consensus of the scholars (ijmaa) (see question # 689) . If such a marriage takes place, it is invalid, it does not have any impact upon inheritances according to shareeah, and any children born from this union are illegitimate. Hoping that the husband may become Muslim does not alter this ruling in the slightest.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Married to a man who neglects the prayer: what should she do?
Asalama calaykum warahmatullah
I am marreid to a man who is TARIKU salaat
I mean he neglects the salaat. when I marreid him i was like him, Alhamdulillah ALLAH has
guided me, now I am a practising muslimah. but the problem is him, every salaat he is
preying is like I am forcing him, I treid every thing but nothing is working, same people
said you have to leave him but it isn't easy I have three childern with him, and he is
good father and husband. The problem between us is the DEEN. Please what shoul I do.
Answer:
Praise be to Allaah.
We put the following question to Shaykh Muhammad ibn Saalih al-Uthaymeen:
I am married to a man who neglects his prayer. Allaah has guided me and I insisted that he should pray, so he started to pray as if he was forced to do so. He has clearly told me, I am only praying because of you. Is it permissible for me to stay with him or not?
The shaykh may Allaah preserve him answered as follows:
If the marriage contract was made at the time when he was not praying, then it is not valid, and if this is the case then she has to keep away from him. If he becomes Muslim, the contract is renewed, and if he does not become Muslim, then Allaah will send her a Muslim man who is better than him.
Question:
If she got married to him when she too was not praying, and he was not praying, does this make the marriage null and void?
Answer:
If they were following a certain religion, then the marriage remains valid, but if they were not following any religion and were murtadd (apostates), then many of the scholars say that the marriage of apostates is not valid, because they are not following any religion, neither Islam nor the religion from which they apostatized.
Question:
If the husband who is praying clearly tells his wife that he is praying only for her sake, is that sufficient to count him as a murtadd (apostate), or should she go by what she sees, which is that he is praying?
Answer:
It seems to me that he is praying to Allaah to please her. This does not means that his whole prayer, the standing, bowing, prostrating and duaa, is directed towards her. He is praying to Allaah to please her, and that does not make him a mushrik. And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Why is it forbidden for a woman to have multiple husbands at one time?
Why are women not allowed to have 3 or 4 husbands but men can have 3 or 4 wives?
Answer:
Praise be to Allaah.
This is connected primarily to faith in Allaah. All religions are agreed that it is not permissible for a woman to have intercourse with anyone except her husband. Among these religions are those which are undoubtedly of heavenly origin, such as Islam and the original versions of Judaism and Christianity. Belief in Allaah dictates submission to His rulings and laws, for Allaah is All-Wise and All-Knowing, He knows what is in the best interests of mankind. So we may understand the wisdom behind the ruling of sharee’ah, or we may not be able to grasp it.
With regard to the permissibility of multiple spouses for men and its prohibition for women, there are several issues which are obvious to every intelligent person. Allaah has made woman like a vessel, but man is not like that. If a woman becomes pregnant (when she has had intercourse with a number of men at one time), the father can never be known. People’s lines of descent and lineage will be mixed up, families will be destroyed and children will be lost. Women will be burdened with so many children that they will be unable to bring them up and spend on their maintenance. Maybe women would find themselves forced to sterilize themselves, which would lead to the extinction of the human race. Moreover it is medically proven now that one of the major causes of the serious diseases which have become widespread, such as AIDS etc., is women having intercourse with more than one man, and the mixing of seminal fluids in the woman’s womb causes these lethal diseases. Hence Allaah has prescribed a waiting period (‘iddah) for a woman who has been divorced or whose husband has died, until enough time has passed for her womb and passages to be cleansed of any traces of her former husband, and the monthly period also has a role to play in this matter. Perhaps these brief pointers will dispense with the need for a lengthy discussion. If the purpose of the question is research for a university or other assignment, he may refer to the books which have been written on the topic of plural marriage (polygyny) and the wisdom behind it. And Allaah is the Source of strength.
Shaykh Sa’d al-Humayd (www.islam-qa.com)
a fiance to be alone with his fiancee
I live in the US alone my parents back in my country resently one muslim brother proposed me marriage, but the problem is thet he also doesn't have anyone in the US So, he sais that we should know each other before marriage or engagement, and he insists on talking to me.
I heared that wile seeing each other the third person from the family should be there, or at least the third person should be there. Is that true?
And what if I talk to him alone, would it be considering zina?
Answer:
Praise be to Allaah. With regard to your question, it is not permissible at all for you to be alone with this man, because the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said:
“No man and woman are alone together, but the Shaytaan is the third one present.”
There is nothing wrong with talking to him from behind a screen, such as on the telephone, so long as this is done in a proper manner, with no suspicious talk and no fitnah (temptation), and as long as you do not overdo it (or talk too much). You should only talk as much as is necessary.
With regard to his claims about the importance of knowing one another before marriage, this is not right. It is sufficient to ask some trustworthy people and to find out about the prospective partner so as to be certain and have peace of mind. We ask Allaah to make things easy for you and for him. May Allaah bless our Prophet Muhammad..
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Is it permissible for a female to display her hair infront of her fiance before the Niqah?
Is it permissible for a female to display her hair infront of her fiance
before the Niqah?
Answer:
Praise be to Allaah.
If a man has seen enough of his fiancée, within the limits set by Islam, to enable him to decide whether to go ahead with the marriage or not, then it is not permissible for her to uncover any part of her body in front of him until after the nikaah. (See also question #2246 and #2572). And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
How should he tell her that he wants to marry her?
Question:
I was recently informed of this site, ma'shallah. What is the correct way to approach a sister whom you intend to marry ? I've known this sister my entire life, in the same regard as my own blood sister and recently it was brought to my attention that she would be a perfect candidate for marriage. I believe she respects me, but I am unsure if she can accept me as her spouse. How can I know ? And what is the correct, halal way to approach ? I have nothing but the best intentions, yet my entire life I always felt I would marry her, yet out of respect I have never approached. My father and aunt (my mother has passed, allah yarham ha) are very fond of her and encourage me to pursue her, since they know her and her family extremly well.
Praise be to Allaah.If a man feels that his heart is inclined towards a particular woman, he should follow the way that is permitted in Islam, which is marriage. If a person intends to marry a woman, he has to propose marriage to her through her wali (guardian), who is her father if he is alive, or one of her other close relatives. It is not permissible for a man to propose marriage to a woman who is not his mahram through ways that are not permissible according to sharee’ah, such as getting to know her or meeting her frequently or getting in touch with her often and speaking on the phone; these are means through which Iblees causes people to sin and which lead to regrettable consequences. It is not permissible for a person to justify his relationship with a girl by saying that she is like his sister and other silly excuses. You have to follow the proper channels as prescribed in Islam to marry this woman. When you propose marriage, it is o.k. if you try to win her over by giving her a gift through her wali. We ask Allaah to give us and you strength and to keep us away from haraam things. And Allaah is the Source of strength.
See also question no.2572.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Choosing a husband
Answer:
Praise be to Allaah.
The most important factors for a woman in choosing a husband are his attitude/behaviour and his commitment to religion. Wealth and lineage are secondary matters. The most important thing is that the potential husband should be religious and have a good attitude, because if a man has religious commitment and a good attitude, a woman has nothing to lose: if he keeps her (remains married to her), he will keep her on a reasonable basis, and if he divorces her, he will set her free on a reasonable basis. Moreover, a man who is religious and has a good attitude will be a blessing to her and her children, for they will learn good manners and religion from him. But if the prospective husband is not like that (is not religious), she should keep away from him, especially those who take the matter of prayer lightly or who are known to drink alcohol. We seek refuge with Allaah.
As for those who do not pray at all, they are kuffaar and it is not permissible for them to marry believing women. It is important for the woman to focus on the matter of attitude and religious commitment. With regard to the matter of lineage, this is a bonus. The Prophet (peace and blessings of Allaah be upon him) said: If there comes to you (to propose marriage to your daughter etc.) a man with whose religious commitment and attitude you are pleased, then marry (your daughter) to him.
But if you can manage to ensure compatibility (in terms of lineage and socio-economic status, etc.) as well, then this is better.
From the Fataawa of Shaykh Ibn ‘Uthaymeen, from the book Fataawa al-Mar’ah (www.islam-qa.com)
Marriage contract without witnesses must be repeated
Question:
Is a person married to another if they both say "We accept each other as man and wife, having Allah as our witness," with no other witnesses present, and later having a celebration, telling everyone that they are married?
Praise be to Allah.
The Prophet (Peace & Blessings of Allaah be upon Him) said: "There is no marriage without a wali (guardian) and two witnesses." (It is a saheeh hadith because of corroborating reports: Irwa al-Ghaleel, no. 1858).
Imam al-Tirmidhi, may Allah have mercy on him, said: "The correct opinion is that narrated from Ibn Abbas, who said that there is no marriage without clear evidence Acting in accordance with that, the scholars among the Companions of the Prophet (Peace & Blessings of Allaah be upon Him) and the Taabieen and others who followed them said that there is no marriage without witnesses. (Jaami al-Tirmidhi, 4/235).
If the couple referred to in the question did not follow the above, they must repeat the marriage, this time with a guardian and two witnesses.
And Allah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Parents forcing their daughter into a marriage
I am muslim. I have to ask a question about
my friend who is being forced to marry someone by her parents. She wanted to marry someone
else. The guy who she is being forced to marry is more educated and wealthy than the one
who she wanted to marry. Her parents has disapproved of her choice and they are forcing
her to marry that guy. The guy who she likes is also muslim and very much devoted into
islam. But just because the society would not talk about them they don't like the guy who
she loves. Any suggestions??
Answer:
Praise be to Allaah.
It is not permissible for a woman to be made to marry someone she does not want. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: A previously-married woman should not be married without being consulted, and a virgin should not be married without asking her permission. They said, O Messenger of Allaah, how is her permission given? He said, By her silence.
(Reported by al-Bukhaari, 6455).Aaishah reported that a girl came to her and said, My father married me to his brothers son in order to raise his social standing, and I did not want this marriage [I was forced into it]. Aaishah said, Sit here until the Prophet (peace and blessings of Allaah be upon him) comes. The Messenger of Allaah (peace and blessings of Allaah be upon him) came and she told him about the girl. The Prophet (peace and blessings of Allaah be upon him) sent for her father, then he gave the girl the choice of what to do. She said, O Messenger of Allaah, I have accepted what my father did, but I wanted to prove something to other women.
(Reported by al-Nisaai, 3217).So, both the guardian and the woman must agree to the marriage. With regard to your request for our advice regarding the problem mentioned in the question, so long as this marriage has taken place, it is better for the woman to try to keep it going as much as she can, and to try to accept this husband. She should seek reward through pleasing her parents and also try to reform her husband through a gentle approach and praying for guidance for him. And Allaah is the Source of Strength.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Conditions for valid marriage contract
What is the correct Islamic procedure for a marriage ceremony, I mean if two
Muslims are married (legally) without the presence of a religious "person"
(like imam etc.), does that mean the marriage is non-existent in terms of
Islam?
Answer:
All praise is due to Allaah.
A marriage contract is valid in Islam if the following conditions are met, even if the marriage does not take place in a court, or in the presence of a Judge or the Imaam of the masjid. In addition, it does not need to be written.
- The waliy (guardian) of the girl has accepted the proposal by saying, for example, "I marry you my daughter", and the one who proposed has replied, for example, by " I accept," or "I am satisfied" (i.e. with his acceptance).
- This takes place in the presence of two witnesses
- The woman is legally eligible to marry the man according to Islamic shari'ah (that is she is not a Mahram of the proposer [those to whom the proposer is forbidden to marry. etc.])
Allah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Ruling in the case where the fiancee puts a haraam condition in the marriage contract
Question:
What is the ruling in a case where the fiancée puts the condition that there should be a dog in the marital home?
Answer:
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.
Shaykh Abd-Allaah ibn Jibreen (www.islam-qa.com)
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