Tag Archives: Marriage

Blowing on Knots. Saving Muslim Marriages

And they learn from them that by which they cause separation between a man and his wife. But they do not harm anyone through it except by permission of Allah. And the people learn what harms them and does not benefit them. But the Children of Israel certainly knew that whoever purchased the magic would not have in the Hereafter any share. And wretched is that for which they sold themselves if they only knew.” (Quran 2:102-103)

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Is it not curious that, out of all the things that people learned concerning magic that an emphasis is put on causing separation between a man and his wife? That there are extremely dark forces at play working against the foundations of a family should be something that we really think about.

In Islam, marriage completes half of one’s faith. 60% of Shari’ah law is focused on the family.

There is a significant gap between the holistic guidance of the Qur’an and Sunnah and the often-mechanistic application of certain legal rulings, particularly concerning marriage and divorce.

The Reality of Supra-Natural Forces and Their Target.

The Qur’an explicitly confirms the existence of magic and the efforts of Shaitan to sow discord, especially within the most sacred of institutions: the family.


“The Shaitan only desires to cause enmity and hatred to spring in your midst by means of intoxicants and games of chance, and to keep you off from the remembrance of Allah and from prayer.” (Qur’an 5:91)

“If an evil impulse from Shaitan provokes you, seek refuge with Allah; He is All-hearing and all-knowing.” (Qur’an 7:200)

“And march forth in the way of forgiveness from your Lord, and for Paradise as wide as the heavens and the earth, prepared for the pious. Those who spend in prosperity and in adversity, who repress anger, and who pardon the people; verily, Allah loves the good-doers.”(Qur’an 3:133-134)

“So whatever you have been given is but enjoyment for this worldly life, but that which is with Allah is better and more lasting for those who believe and put their trust in their Lord. And those who avoid the greater sins, and illegal sexual intercourse, and when they are angry, they forgive.” (Qur’an 42:36)

It can be seen from the aforementioned verses that enmity, anger, hate are things that Shaitan provokes us with. We also see that tempering our anger and forgiveness are more wholesome.

“Say: ‘I seek refuge with the Lord of Daybreak, from the evil of duality, and from the evil of the darkness as it gathers and from the evil of those who blow on knots (l-‘uqadi) and from the evil of an envier when he envies.'” (Qur’an 113:1-5)

From those who ‘blow on knots‘. The term ‘l-uqadi’ .

This term is used in the following instances of the Qur’an:

“There is no blame upon you for that to which you indirectly allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a (uq’data l-nikahi)marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.” (Qur’an 2:235)

“And in case you divorce them even before you have touched them, and you have already ordained for them a marriage-portion, then give her one half of what you have ordained except in case the women remit, or he in whose hand is the (uq’datu l-nikahi) knot of marriage remits; that you remit is nearer to piety. And do not forget the virtue of grace among yourselves; surely Allah is Ever-Beholding of whatever you do.” (Qur’an 2;237)

When you look at those instances of the word, it becomes apparent that ‘blow on knots‘ means ‘blow on marriages’. “Devise plots against marriages.”

The phrase “those who blow on knots” (an-naffathati fil ‘uqad) has a primary meaning referring to sorceresses who literally tie knots and blow spells upon them. However, the linguistic drawn to the “knot of marriage” (‘uqdat an-nikah) in verses 2:235 and 2:237 is a powerful and valid tafsir (interpretation). It highlights that one of the primary objectives of these dark forces is to unravel the sacred bond (‘aqd) between spouses. This is not a minor issue; it is a direct assault on half of a Muslim’s faith.

Aqad literally means to ‘tie’ or to ‘bind’. In English, we have the interesting idiom of ‘tying the knot‘ as a reference to getting married.

The Arabic word Khul means to ‘untie or to disrobe’.

Whereas the word Talaq means to abandon or rid oneself of something.

“Definition of “divorce” (talaq) Literally, the word “divorce” (talaq) means to abandon a thing or get rid of a thing. When an animal tied with a string is untied it is called talaq. If the tied with a string she-camel is untied, the Arabs mention this state as: “talaqa al-naqata talaqan” 23 (The she-camel has been released).”

Source: (Pg 15. Islamic Law of Marriage and Divorce by Shehza Sham)

So, if the term Talaq means to untie, to abandon or to get rid of something, it makes no sense to say to someone “I abandon you” thrice, because in order to be abandoned the second time or the third time just like saying ‘I untie you thrice’.  In order to be ‘untied’ a second or third time, you would need to be tied or in a state of ‘aqad’ for a second or third time.

If we take into account that supra-natural forces are at work in bringing about discord in Muslim marriages, why is it not taken into the calculation by certain Muslim jurists and especially those influenced by ‘tassawuf’ when deciding the fate of Muslim marriages?

Here is something that those of our brothers of the Ahl Sunnah need to take on board. If you believe the following haidth, we have a question for you.

Narrated Aisha:

Magic was worked on Allah’s Messenger (saw) so that he used to think that he had sexual relations with his wives while he actually had not (Sufyan said: That is the hardest kind of magic as it has such an effect)…….the hadith is longer.

Source: (https://sunnah.com/bukhari:5765)

If you believe the best of creation, the Blessed Prophet Muhammed (saw), could be affected by magic to the extent that it created a false reality in his personal life, then it is a form of arrogance for any scholar or jurist to dismiss the possibility that ordinary Muslim couples could be acting under similar influences of anger, hatred, miscommunication, and irrational behavior provoked by Shaitan.

Until today, there has been no meaningful engagement in regard to this question. 

We also need to keep the following verses in mind:

O Prophet! When any of you divorce women, divorce them during their period of purity and calculate their ‘idda carefully. And have fear of Allah, your Lord. Do not evict them from their homes, nor should they leave, unless they commit an outright indecency. Those are Allah´s limits, and anyone who oversteps Allah´s limits has wronged himself. You never know, it may well be that after that Allah will cause a new situation to develop.” (Qur’an 65:1)

Even though this is what the Qur’an clearly states, the jurist will allow couples’ marriages to be dissolved without asking questions like:

“Did you intend to divorce your wife while she was in menses?”

If the answer is yes, then you cannot intend to divorce your wife while she is in her menses.

If the answer is “I don’t know”, then again, you cannot intend to divorce your wife on an “I don’t know.”

Yet, we, unfortunately, know of many Muslims who have gone through the divorce process, and they have informed us that the judge, the counselor, didn’t even bother to ask this question. Most unfortunate.

Another aspect of the revelation that unfortunately gets ignored is the following:

“Then, when they have reached their term (3 months), take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believes in Allah and the Last Day is exhorted to act thus. And whosoever keeps his duty to Allah, Allah will appoint a way out for him…” (Qur’an 65:2)

People do not realize it, but it is very possible for people to part amicably. Sometimes a woman cannot produce children, and she has the option to be a co-wife. Whereas, if a man cannot produce children, he does not have the option to be the co-husband.

People can decide to amicably part if having biological children is an absolute deal-breaker in a relationship. They may find, for various other reasons, that they are not suitable as partners.

Yet, unfortunately, once again, the judges or the counselors do not ask about the emotional state of the man/wife when words are uttered? The answer is no.

If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers: None can be their mothers except those who gave them birth. And in fact, they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again).” (Qur’an)

This verse clearly repudiates those men who would use an idiom or simply a verbal expression to divorce women. This verse is also clear when coupled with other verses about having just two witnesses present, and consultation that it repudiates instant divorce simply through pronunciation.

“They are invited to the book of Allah to settle their dispute”. (Qur’an 3:23)

“And this is a Book which We have revealed as a blessing, so follow it and be righteous, that you may receive mercy”. (Qur’an 6:155).

“Lo! this Qur’an guides to that which is most upright”. (Qur’an 17:9)

The Juristic (Fiqh) Response vs. The Holistic (Tazkiyah) Approach

The Problem: In many contemporary contexts, these two streams have become separated. A judge in a civil or family court, or even an imam acting in an advisory capacity, often wears only the hat of the jurist. They apply the law as a set of rules without the accompanying spiritual and pastoral context that is essential for dealing with something as sensitive as divorce.

The Qur’anic procedure for divorce is not a mere utterance but a process designed for contemplation and reconciliation.

Divorce during Menses (Tuhr): The ruling in (65:1) to divorce women during their period of purity is precisely to prevent a rash decision made in a state of emotional turmoil (which can sometimes coincide with a wife’s menses). A man who says “I divorce you” in a fit of rage during her menses has transgressed Allah’s law. The juristic consensus is that such a divorce is still legally effective but is considered bid’ah (reprehensible innovation) and a sin.

The practical consequence is that the marriage is often considered dissolved, and the crucial pastoral step of questioning the validity of the intention and context is skipped.

The Role of Witnesses and Kindness: Verse (65:2) emphasize kindness, witnesses, and a measured process. This stands in stark contrast to the instantaneous, often unilateral, and highly emotional divorces that occur. The Qur’anic ideal is a mediated separation, not a sudden outburst.

Before any divorce is finalized, a mandatory mediation process should be instituted that involves:

  • Questioning the emotional state and intention at the time of the utterance.
  • Investigating possible external factors (family interference, financial stress, etc.).
  • Recommending ruqyah (Qur’anic healing) if there is a legitimate suspicion of magic or evil eye.
  • Exhausting all avenues for reconciliation, as the Qur’an commands.

May Allah (swt) sanctify and bless all of your marriages. May Allah (swt) protect you all from the evil eye. May you and your spouse work out your differences. May Allah (swt) make your wife or wives appear as the most loving and beautiful of women. May Allah (swt) make your husband appear to you as the most kind, generous, understanding and handsome of men.

You might be interested in reading the following articles:

https://primaquran.com/2023/04/05/can-a-child-of-fornication-adultery-be-an-imam/

https://primaquran.com/2022/10/04/polygyny-and-redundant-revelation/

https://primaquran.com/2022/10/05/the-hypocrisy-of-bidi-talaq-innovated-divorces-weighed-against-the-wisdom-of-the-quran/

May Allah Guide the Ummah.

May Allah Forgive the Ummah.

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The position of the Ibadi school on marrying Ahl Kitab

“This day are things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. Lawful unto you in marriage are not only chaste women who are believers, but chaste women among the People of the Book, revealed before your time when you give them their due dowers, and desire charity, not lewdness, nor secret intrigues. If anyone rejects faith, fruitless is his work, and in the Hereafter, he will be in the ranks of those who have lost.” (Qur’an 5:5)

“O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors.” (Qur’an 5:87)

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This entry will give the position of the Muslims, otherwise known as (Ahl Haqq Wal Istiqama) or the Ibadi school. It will give our justifications from the Qur’an and Sunnah for marrying the people of the book (Jews and Christians).

Companions such as Ibn Abbas, Saad bin al-Musayyab, Said bin Jubair, Uthman, Talha, Tawus, Mujahid are all known to have married people of the book. The Blessed Messenger (saw) himself is known to have married from among the Ahl Kitab.

So, yes, in the Ibadi school, a Muslim man can marry a Christian or Jewish woman if certain conditions are met.

 Ad-Darooriyyat Al-Khams—The Five Basic Necessities that are protected and recognized by Islamic law-shari’ah. 

The five necessities—religion, life, intellect, lineage, and property are defined.

This ruling would fall under the category of: preservation of lineage & preservation of religion.

Among our brothers from the Ahl Sunnah, there are two positions. The position of Imam Malik and Imam Abu Hanifa is that Muslim men can marry Christian and Jewish women and until today there are no restrictions put on this.

The position of Imam Ahmad and Imam Shafi’i is that Muslim men cannot marry Christian or Jewish women.

The position of the Ibadi school is in between these two camps. It is very clear that we cannot make impermissible what Allah (swt) made permissible.

That being said, there is a context to these verses and conditions that must be met.

Conditions placed on marrying the Ahl Kitab.

  • 1st condition is that this takes place under Muslim governance, where there is full compliance of the shariah law.
  • The 2nd Condition is that the interest of the Muslims dominates. The children, for example, are to be raised as Muslims.
  • The 3rd condition is that the Muslim man actually is a practicing Muslim.
  • The 4th Condition is that the Jewish or Christian woman actually be practicing Judaism or Christianity.
  • The 5th condition is that she did not ever commit fornication or have an extramarital affair.

Understanding the first condition.

“O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best way and best in result.” (Qur’an 4:59)

What happens today in North Africa and in Turkey is that many of these men who are exposed to the Maliki and Hanafi schools of jurisprudence will marry women from the United States, Europe, Russia. Often the children of these marriages are split between nationalities. The inheritance laws are not decided by the laws of Islam they are decided by secular institutions. The fate of the children will be decided by the laws of those lands. More often than not, the court awards the custody of the children to the mother. The children are brought up without a Muslim father, an Imam leading the prayers and teaching the deen of Islam. This is totally unacceptable.

Understanding the second condition.

“Our Lord, and make us Muslims that submit to You, and from our descendants a community that submits to You. And show us our rites and accept our repentance. Indeed, You are Ever-Accepting of our repentance, the Most Merciful.” (Qur’an 2:128)

“O you who have believed, protect yourselves and your own families from a Fire whose fuel is mankind and stones, (and) over which are harsh, severe Angels, who do not disobey Allah in whatever He commands them and who perform whatever they are commanded to.” (Qur’an 66:6)

Anyone who loves their children does not want to expose them to the dangers of hellfire. The best and clearest way to help ensure this is to raise them as Muslims. To instill in them the articles of faith. The love and fear of Allah (swt). The love of the Blessed Messenger (saw) and following his noble example. Muslims cannot give blessings to their children to be raised by other religions because they were all abrogated with the coming of Islam. Qur’an 2:106 establishes this.

Men are in charge of women by right of what Allah has given one over the other and what they spend for maintenance from their wealth. So righteous women are devoutly obedient, guarding in the husband’s absence what Allah would have them, guard. But those wives from whom you fear ill/strange conduct advise them; then if they persist, forsake them in bed; then if they persist strike them. But if they obey you once more, seek no means against them. Indeed, Allah is ever Exalted and Grand.” (Qu’ran 4:34)

It is difficult enough to get Muslim-majority nations to want to establish the Imamate. Does anyone think that non-Muslim majority nations have a vested interest in doing so? They have different world views and different principles upon which they base their concepts of justice. Many of them promote egalitarianism. Too many times, Muslim men are taken by the charms and beauty of non-Muslim women. Non-Muslim women may make promises to them. However, none of those promises are legally binding. This will lead us to understand the third condition.

Understanding the third and fourth conditions.

“And do not marry polytheistic (l-mush’rikati) women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men to your women until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite you to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.” (Qur’an 2:221)

This verse is ‘Aam. There is an exception or allowance to marry the mush’rikati women. That exception is given in Qur’an 5:5

Many of these Muslim men who want to marry Christian or Jewish women are themselves not practicing Islam. That is not a good foundation to start a marriage with a Muslim woman, let alone a non-Muslim woman. The children are likely to be swayed by the parent who shows more conviction and practice of their faith tradition than the parent that does not show conviction or practice their faith tradition. That is why Allah (swt) says that marrying someone who is a slave is better than marrying a free, non-believing woman, even though her /his looks may please you.

Allah (swt) also said you can marry Christian and Jewish women.

Understanding fourth and fifth conditions.

“This day are things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. Lawful unto you in marriage are not only chaste women who are believers, but chaste women among the People of the Book, revealed before your time when you give them their due dowry, and desire charity, not lewdness, nor secret intrigues. If anyone rejects faith, fruitless is his work, and in the Hereafter, he will be in the ranks of those who have lost.” (Qur’an 5:5)

That Christian or Jewish woman has to be a practicing Jewish or Christian woman. She has to follow the tenets and edicts of her faith tradition. She cannot be a ‘nominal’ Jew or a ‘nominal’ Christian. If the Christian or Jew converts to Buddhism, Hinduism, Sikhism, Taoism, Shintoism, New Age spirituality, or anything of the kind, the marriage can become null and void.

Also, Allah (swt) says, ‘chaste women’—muhsanatu. This means if these women have committed fornication or adultery, you cannot marry them. So this only leaves you with the option of marrying someone who is a virgin or a divorcee.

These Muslim men should be aware of one of the very strong positions in the Ibadi school in regard to themselves (the Muslim men) being chaste.

The same rule applies to Muslims as well. Muslims who have committed fornication for adultery can only marry other Muslims who have done similar. They cannot marry chaste believers, nor can they marry those people they have done fornication/adultery with.

Please see the article here:

This is not an example of abrogation. This is an example of a specification. Now you ask yourself are these conditions met today?

The Ibadi school is priority to Muslim Women First.

What happens in places where the Maliki and Hanafi schools reign supreme? You do see Muslim men often marry “Christian” or “Jewish” women, many of whom are actually agnostic or even atheist. They do so while many hundreds of thousands of Muslim women go unmarried. There are hundreds of thousands of Muslim women who are widows, divorcees, orphans, single people, or simply never been married before.

Shouldn’t our priority be the Ummah of Muhammed (saw)? Remember the wisdom of Allah (swt)

And a believing slave woman is better than a polytheist, even though she might please you.”

What happens in those places where the Shafi’i school is dominant? For example: places like Indonesia or Malaysia? What happens is that Muslim men or Muslim women will tell non-Muslims to convert to Islam, and then they will marry them. At least these approaches are more sensible. Bringing people to Islam. That, of course, is acceptable by Islamic law. However, every action is judged by intention and so too will be the fruit of that intention.

There are thousands of Muslim men and women who convert to Islam every year of their own free will and volition. Not under any social pressure to convert because of love. Would it not be wise to give preference to these people for marriage?

May Allah (swt) continue to guide the Ummah of Muhammed (saw)!

You may be interested in reading the following articles:

https://primaquran.com/2023/04/05/can-a-child-of-fornication-adultery-be-an-imam

https://primaquran.com/2022/10/04/marriage-to-people-of-the-book-polygyny-and-redundant-revelation

https://primaquran.com/2022/10/05/the-hypocrisy-of-bidi-talaq-innovated-divorces-weighed-against-the-wisdom-of-the-quran

https://primaquran.com/2017/10/23/blowing-on-knots-saving-muslim-marriages

May Allah Guide the Ummah.

May Allah Forgive the Ummah.

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Did Imam Al-Shafi’i say you could marry your own daughter?

“Forbidden unto you are your mothers, and your daughters, and your sisters, and your father’s sisters, and your mother’s sisters…” (Qur’an 4:23).

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The short of it is that Imam Al Shafi’i is not going against the clear verses of the Qur’an. 

This article will discuss the very controversial opinion held by Imam Al Shafi’i, which says that if you had a daughter born out of wedlock (marriage) that you could (on a technicality) marry her, and have intimate relations with her! 

Here is a short article that got quite a bit of attention about the subject.

https://stepfeed.com/egyptian-cleric-cites-imam-saying-men-can-marry-their-illegitimate-daughters-0118

Now the issue with this article is that neither side really furnishes evidence for the claims that are made. One side claims that Imam Shafi’i held this opinion and the other side claims that it is a blatant misrepresentation of his viewpoint.

Shaykh Hamza Yusuf of Zaytuna spoke on this issue not long ago.

@058: “And if I say I am Shafi’i, they say, “Oh he permits marrying daughters. And everybody knows that the daughters are haram.” -Hamza Yusuf

“And this comes from a Mas’ala Fariyya. If a man fornicated and the woman had a child, and it was a girl, and then he married the girl later, that legally the contract would be valid. It’s a horrible thing; but it is one of those legal, legalisms. And so they said. “Oh, that’s he permits marrying the daughter and everybody knows that the daughter is haram.” -Hamza Yusuf

However, we have an official Shafi’iFiqh website with a reference that shows this indeed was the opinion of Imam Shafi’i.

http://www.shafiifiqh.com/question-details.aspx?qstID=272

We will quote the whole of the response here:

“Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The official position of the Shafi’i Madhhab is that a girl born out of wedlock is not a daughter, marriage to her is permissible but disliked. (Minhaj al-Talibin w/ Tuhfah 2/299) To claim that Imam Shafi’i said it is permissible for one to marry his ‘daughter’ is a misrepresentation of his opinion. Other scholars who wrote on this issue treated Imam Shafi’i and his opinion with a more mature and academic approach than what circulates in some contemporary discourses on this topic. For example, in Sharh Mukhtasar al-Rawd 3/434, al-Tufi mentioned this as an example of qiyas al-shabah. He pointed out that, from the biological angle, she is a daughter. But from where the Sacred Law stands, she is not: she does not inherit nor does he inherit from her, he is punished for accusing her of being unchaste, his hand is cut off if he steals from her, and he is executed if he takes her life. Tufi says that “we”, i.e. the Hanabilah considered the biological factor when ruling on marriage with her, considering it unlawful. And Imam Shafi’i considered that, in all other cases, the Sacred Law negates paternalistic rights, and therefore she is, likewise in this case, not his ‘daughter’ according to the Law. In his Muhalla 8/334, Ibn Hazm mentioned that there is no difference of opinion among scholars on the suspension of these rights, except for when it comes to tahrim.”

“With that, the As-hab al-Awjuh differed on how they understood Imam Shafi’i on this particular point. Some of them considered that a girl born out of wedlock was ruled lawful as there is no marital bed she may be ascribed to, and it is dubious as to who her father really is. This position is alluded to in the commentaries on Minhaj. In al-Hawi al-Kabir 11/393, Mawardi related from Abu Is-haq al-Marwazi that it is permissible as her being from him is only a mere possibility. However, if that would be a defiantly confirmed fact, then his marrying her would be unlawful. Marwazi gives the example of a man and woman being imprisoned together from the time of their relations until the child is born. He says if a child came from such a situation, then it would be unlawful.”

“After this citation, Mawardi cited another understanding from Abu Is-haq al-Marwazi’s student, Qadi Abu Hamid. According to him, Imam Shafi’i ruled it was disliked because of the differences of opinion on the matter [khurujan min al-khilaf]. But otherwise, she is not his daughter and therefore she is not unlawful for him. The reasons Mawardi cited for this ruling, those supporting Imam Shafi’s application of qiyas al-shabah, are the same as what was cited above. Tarjih in the Madhhab, at the hands of Shaykhayn and Shaykh al-Islam’s students, went with Qadi Abu Hamid on this particular issue.”

And Allah knows best.

Answered by Shaykh Yaqub Abdurrahman”

The screenshot is included because, as those who follow Prima-Quran know, sometimes these links have the unfortunate habit of mysteriously disappearing

PRIMA QUR’AN COMMENTS:

So we all agree that marrying one’s daughter is forbidden in the Qur’an.   What is actually very sad is that the Creator had to reveal this as a law, to begin with. You would think that it would be common sense for people not to want to have intimacy with their own daughter!

You would think the very idea would be disgusting and reprehensible.

So let us deal with the points in the answer above.

Point 1) It is without a shadow of a doubt that Imam Shafi’i has a position that one can marry their own ‘daughter’.

Point 2) The dispute is whether or not she is a daughter in a biological sense or a legal sense. Notice the use of apostrophe when using the word daughter as daughter.

To address point 2 here above, we remember having a discussion in Singapore with a well-known Ustaz who mentioned to us a case of a young teenage boy who was notorious for sleeping with women and getting them pregnant. He is literally the father of children of a number of women. However, because of the viewpoint in the Shafi’i school, MUIS (Majlis Ugama Islam Singapura) had their hands tied.

So what about the justice due to these women? Wham, Bam Thank you, Ma’am!

What about the justice due to the children?

So the scholars, to bring justice to the children and the women, had to develop a new fatwa in such a scenario. In the end, that sexually promiscuous young man had to pay support for the children. Such is the recourse in a secular nation state.

In Malaysia/Indonesia — where sexual promiscuity among Muslim teens is quite high, we are not certain how they handle such scenarios either. However, these things want to happen.

Especially when:

  1. You make getting married a great difficulty, almost a burden.
  2. You allow free mixing of the sexes all throughout society.
  3. You have theological views that take such matters lightly. The All Merciful Creator will forgive you again and again and yet again, no matter how many times.
  4. Not engaging the youthful and energetic with something worthy and laudable to occupy their time with.

“However, repentance is not accepted from those who knowingly persist in sin until they start dying, and then cry, “Now I repent!” nor those who die as disbelievers. For them We have prepared a painful punishment.” (Qur’an 4:18)

For us and our position, there is no such thing as illegitimate children in Islam!

There are only illegitimate means to have children.

As one brother recently told us, people in many parts of the world, especially in the Indo-Pak region, treat children out of wedlock as though they are disease, scum of the earth or filth, and either they’re thrown in rubbish bins at birth or given to orphanages and throughout their entire lives deprived of all basic human rights and dignity!

You can read the following link to get an idea of the scope of damage that such jurisprudence has done to humanity!

https://www.dawn.com/news/1150336?fbclid=IwAR29vyMEsnv0OnTL3muzZynuGv9-OvvtI-mj_d4a0rGhWgg_LL30gVyiQGw

The following verses in the Qur’an support the idea that children should not be deprived because of the actions of their parents.

“No one will bear the burden of another. Even if an overburdened soul should ask another to bear a part of his burden, no one, not even a relative, will do so.” (Qur’an 35:18)

“That no bearer of burdens will bear the burden of another.” (Qur’an 53:38)

“Whoever is guided is only guided for [the benefit of] his soul. And whoever errs only errs against it. And no bearer of burdens will bear the burden of another. And never would We punish until We sent a messenger.” (Qur’an 17: 15)

The idea of making a daughter a ‘daughter’ in the case of the so-called sacred law deprives and punishes such children because of their parent’s actions.

Point 3) As the article shows, even the position of Imam Shafi’i collapses under the weight of logic.

“Marwazi gives the example of a man and woman being imprisoned together from the time of their relations until the child is born. He says if a child came from such a situation, then it would be unlawful.”

This is an excellent example of using the Allah given faculty of reason and logic.

Point 4) Why not err on the side of caution?

The article says:

Some of them considered that a girl born out of wedlock was ruled lawful as there is no marital bed she may be ascribed to, and it is dubious as to who her father really is.”

So the logic here is: It’s dubious who her father is, Thus you can marry her and have sex with her?!

Why not let the logic here be: It’s dubious who her father is, so it’s a good idea if you don’t marry her and have sex with her?!

This is what we don’t get sometimes dear respected readers. We are told these Imams are unassailable in their jurisprudence. Yet here you will have the Shafi’i school, which will make it forbidden to marry Jews and Christians based upon what they believe is dubious grounds for them actually being Jews and Christians; and yet, say it is permissible to marry one’s daughter if she is born out of wedlock!

We are told to approach this topic with a more ‘academic’ and ‘mature’ mindset. This is certainly true. We deal with proofs and evidences. Emotions are not the metric for truth. However, often these statements are made to simply table discussion of controversial matters. May Allah (swt) rectify our condition.

There are two points alone that should give pause to those who hold to this position of Imam Shafi’i.

#1 Modern DNA testing.

#2 Those places that do not have DNA testing available the very inconsistency of the qiyas -analogy applied is enough to refute it.  As mentioned before, instead of the dubious nature of who her father is giving a green light for permission to for the marital bed, why not simply err on the side of caution and let there be a red light for this?

Some people will say, “How brazen! You really think you can do better than these imams?”

We believe they want us to do better than them. We also believe that the future of Muslims depends on us adding to their monumental contributions and leaving aside their conclusions that are flawed.

Also, according to the Sunni Muslims, if an Imam makes an ijithihad, and he is mistaken in that, he still gets a reward. That being said, reflect for a moment on how many words you speak in a day. What is the tally of words that you speak in a year? Now take that and multiply by 10 or 15 or 20 years. Do you really think that you have not said something you regret? Even people who are astute in their fields of science make mistakes. This does not take away from their dedication and their tireless efforts for the Muslim ummah.

If you do not feel we were just representing this opinion with in the Shafi’i school, please feel free to leave a comment. All corrections and/or additional information is welcomed.

With Allah (swt) is success!

If you are keen, perhaps the following articles may interest you.

The Ibadi school’s position on marrying Jews & Christians. Should we give preference to the Ahl Kitab over Muslim women?

https://primaquran.com/2023/02/21/ibadi-school-position-on-marrying-ahl-kitab/

https://primaquran.com/2023/04/05/can-a-child-of-fornication-adultery-be-an-imam/

https://primaquran.com/2022/10/04/polygyny-and-redundant-revelation/

https://primaquran.com/2022/10/05/the-hypocrisy-of-bidi-talaq-innovated-divorces-weighed-against-the-wisdom-of-the-quran/

https://primaquran.com/2017/10/23/blowing-on-knots-saving-muslim-marriages/

May Allah (swt) Guide the Ummah.

May Allah (swt) Forgive the Ummah.

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Which Mushriks can Muslims marry?

“And do not marry polytheistic (l-mush’rikati) women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.” (Qur’an 2:221)

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“And do not marry polytheistic (l-mush’rikati) women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.” (Qur’an 2:221)

This verse is known as ‘Aam. It is general. The ruling applies in all situations unless there is an exception made.

The exception to this ruling is the following verse:

This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith – his work has become worthless, and he, in the Hereafter, will be among the losers.” (Qur’an 5:5)

This above verse is khaas — It is specific. Notice the words: “This day” meaning before that it was not the case. This often happens in the Qur’an. There is a general ruling and there is either further restriction on a certain aspect or an allowance to the general ruling.

This specific verse also has a further specification in that this allowance is only given to Muslim men to marry the mushrik women from among the People of the Book. Whereas a Muslim woman is not allowed to marry the mushrik men from among the People of the Book.

Why this specific allowance? The Qur’an mentions the Torah and the Injeel. There are shared histories, prophets and beliefs about angels and so forth. The thinking is that the mushrik women from among the People of the Book will be moved by the compassion, love, protection, warmth and guidance given by the Muslim husband. Also, considering that in the situation where such a marriage would be allowed, the children would be Muslim by default, there should be little barrier for these mushrik from the Ahl Kitab to embrace Islam.

For example: Mariyah al-Qibtiyyah (May Allah be pleased with her) was a Christian whom, after marrying the Blessed Prophet (saw), converted to Islam, and she died upon the haqq!

However, note the warning by Allah (swt).

“And whoever denies the faith — his work has become worthless, and he, in the Hereafter, will be among the losers.” An understanding that this could go the other way. The mushrik woman may convince the man to leave his faith.

This is why it becomes all the more clear under which situations and circumstances the Ibadi school allows such marriages to take place.

https://primaquran.com/2023/02/21/ibadi-school-position-on-marrying-ahl-kitab

Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture – [fight] until they give the jizyah willingly while they are humbled. The Jews say, “Ezra is the son of Allah “; and the Christians say, “The Messiah is the son of Allah .” That is their statement from their mouths; they imitate the saying of those who were kafara (ungrateful disbelievers [before them]. May Allah destroy them; how are they deluded? They have taken their scholars and monks as lords besides Allah , and [also] the Messiah, the son of Mary. And they were not commanded except to worship one God; there is no deity except Him. Exalted is He above whatever they associate (yush’rikuna) with Him. They want to extinguish the light of Allah with their mouths, but Allah refuses except to perfect His light, although the (ungrateful disbelievers) dislike it. It is He who has sent His Messenger with guidance and the religion of truth to manifest it over all religions, although those who associate others (l-mush’rikuna) with Allah dislike it. (Qur’an 9:29-33)

“Those who say, “Allah is the Messiah, son of Mary,” have certainly become ungrateful disbelievers. The Messiah ˹himself˺ said, “O Children of Israel! Worship Allah—my Lord and your Lord.” Whoever associates (yush’rik) others with Allah ˹in worship˺ will surely be forbidden Paradise by Allah. Their home will be the Fire. And the wrongdoers will have no helpers. Those who say, “Allah is one in a Trinity,” have certainly become ungrateful disbelievers.There is only One God. If they do not stop saying this, those who disbelieve among them will be afflicted with a painful punishment.” (Qur’an 5:72-73)

Those slippery followers of Perennialism and Qur’an 5:5

“This day [all] good food have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith – his work has become worthless, and he, in the Hereafter, will be among the losers.” (Qur’an 5:5)

Now, the slippery among those who follow perennialism have three choices here.

  1. Tell us the sect/denomination of Christians today that would meet the acceptable criteria of “believers” and those upon true understanding of Allah, that would be acceptable in accordance with declarations made by the Qur’an. Those that would not meet with damnation because of their theological positions? Would they be Orthodox Christians? Catholic Christians? Protestant Christians? Perhaps Jehovah’s’ Witness and/or Unitarian Christians?
  2. Admit that such Christians from Ahl Kitab are no longer existent and thus, this verse, as much as it applies to such Christians, is no longer operational. 
  3. Concede the point to the correct understanding that the Ibadi school has of the verses.

“And to warn those who claim, Allah has taken to Himself a son, a thing about which they have no knowledge, neither they nor their ancestors. Dreadful is the word that comes out of their mouths. What they utter is merely a lie.” (Qur’an 18:4-5)

Why warn those who claim this?

Because anyone who makes false claims about Allah (swt) will be brought for punishment.

Allah has children. They are simply liars. Has He chosen daughters over sons? What is the matter with you? How do you judge? Will you not then be mindful? Or do you have any compelling proof? Then bring us your scripture, if what you say is true! They have also established a relationship between Him and the jinn. Yet, the jinn themselves know well that such people will certainly be brought for punishment. Glorified is Allah far above what they claim!” (Qur’an 37: 152-159)

Furthermore, as we explained in our article about the correct understanding if Allah (swt) forgives shirk or not we have shown the text that is relied upon is a reference to the Ahl Kitab.

“Surely Allah does not forgive associating (yush’raka)˹others˺ with Him ˹in worship˺, but forgives anything else of whoever He wills. Indeed, whoever (yush’rik) associates ˹others˺ with Allah has clearly gone far astray.” (Qur’an 4:116)

“Indeed, Allah does not forgive associating (yush’raka) others with Him ˹in worship˺, but forgives anything else of whoever He wills. And whoever (yush’rik) associates others with Allah has indeed committed a grave sin.” (Qur’an 4:48)

O you who were given the Scripture, believe in what We have sent down, confirming that which is with you, before We obliterate faces and turn them toward their backs or curse them as We cursed the sabbath-breakers. And ever is the decree of Allah accomplished. Indeed, Allah does not forgive association with Himbut He forgives what is less than that for whom He wills. And he who associates others with Allah has certainly fabricated a tremendous sin. Have you not seen those who claim themselves to be pure? Rather, Allah purifies whom He wills, and injustice is not done to them, [even] as much as a thread [inside a date seed]. Look how they invent about Allah untruth, and sufficient is that as a manifest sin. Have you not seen those who were given a portion of the Scripture, who believe in superstition and false objects of worship and say about the disbelievers, “These are better guided than the believers as to the way”? (Qur’an 4:47-4:51)

You can read our article on that here:

This particular issue is one in which an orientalist and western academic made a mistake in regard to the jurisprudence of the Ibadi school. You can see our comment on that error here:

May Allah (swt) guide the Ummah!

May Allah (swt) forgive the Ummah!

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Adultery and Post Fornication Marriages -Shaykh Juma Muhammed al-Mazrui

“The fornicator marries none but the fornicator and the idolater marries none but the idolatress. This is all forbidden to the believers.” (Qur’an 24:3)

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One of the known positions in the Ibadi schoolis that one cannot marry a person whom they have committed fornication or adultery with. Rather, those people who have done so are to be punished, banished and then only to marry among those who have committed similar acts.

Those who associate partners with Allah or worship other than Allah are to be married among themselves. Those Muslims who have committed adultery/fornication are to only marry those Muslims who have similarly committed acts of adultery/fornication. They are forbidden to marry the ones they have committed fornication/adultery with.

 Ad-Darooriyyat Al-Khams—The Five Basic Necessities that are protected and recognized by Islamic law-shari’ah. 

The five necessities—religion, life, intellect, lineage, and property are defined.

This ruling would fall under the category of: preservation of lineage.

The following is a presentation put forward by our respected teacher, Shaykh Juma Muhammed al-Mazrui. -May Allah continue to bless him and benefit us by him.

left off pg. 27.

If you notice, many English translations of this text seem convoluted. It gives the impression that if a Muslim man or woman committed fornication that they could marry an idol worshiper. Nothing can be further from the truth.

We do want to comment that we personally feel that all translations and translators of the Qur’an have failed to convey what Qur’an 24:3 means and we have yet to see a translation that translates the meaning accurately. We put this right up there with Qur’an 4:157 as the worst translated text that translations and translators have failed to convey.

One may see for themselves the disparate translations of Qur’an 24:3 here:

https://www.islamawakened.com/quran/24/3/

The major reason why we loath all translations of Qur’an 24:3 is that when you look at it:

“The fornicator shall not marry any but a fornicatress or idolatress.” It gives the impression that a Muslim male or female or committed fornication has two options for his/her future.

a) marry a believer who has done a similar offense.

b) marry a mushrik who has done a similar offense.

We would translate it as: “The fornicator marries none but the fornicator and the idolater marries none but the idolatress.” The reason that the mushirk is put in this context is to show the level of disdain that Allah (swt) has for people who commit fornication.

Looking at the verse itself:

“T”The fornicator marries none but the fornicator and the idolater marries none but the idolatress. This is all forbidden to the believers” (Qur’an 24:3)

  1. The believer does not marry the mushrik
  2. The believer who commits fornication marries only a believer that similarly has committed fornication

What becomes very strange is how some will agree to point 1. They will say yes, a believer can never marry a mushrik. Yet, those same people will say, but a believer who has committed fornication can marry a believer who has not done such an act! 

This is clearly inconsistent. 

We wanted to comment on two sections of this article. The first is the following paragraph.

“There are cases where some men pursuing an illegal sexual relationship, trick and deceive women that resist their sexual advances. The most commonly deceptive trick used by these men is to entice women into fake marriage proposals in order to coerce an unlawful relationship with them. Many women, especially younger women, are duped by these men, so they accept and yield to their seduction only to realize later that it was an utter lie.” -Shaykh Juma Muhammed al-Mazrui

“It is logically conceivable, therefore, that the legalization of post-fornication and post-adultery marriages has been an open invitation for committing adultery among young Muslim men and women. The permissibility of post-fornication and post-adultery marriages has been the reason for moral corruption and carefree attitude among young people when it comes to sexual relationships. In such societies, men see no consequences for their conduct; and a gullible woman thinks she will be rewarded with marriage by succumbing to a pre-marriage sexual relationship. She will have no reason not to believe, since the society she lives in has accepted such marriages. Had the idea of the impermissibility of post-fornication and post-adultery marriages prevailed in Muslim societies and been entrenched in their culture, a Muslim woman would not have been taken advantage of: she could recognize a lie when she heard it. She could respond to it by saying that post-fornication and post-adultery marriages are not allowed in the Islamic religion. So the fact is that there will be no marriage between us after we engage in an illegal sexual relationship.” -Shaykh Juma Muhammed al-Mazrui

Prima Qur’an comments:

The above paragraph are very sound in reasoning. Our respected teacher, Shaykh Juma Muhammed al-Mazrui has made a very forceful argument.

“That is because each of the two partners, in such marriages, is most likely to doubt the other to be an adulterer, since as adulterers they found each other prior to their marriage. The fact that one spouse knows what mischief the other spouse is capable of doing can be utterly destructive to their mutual trust and mutual respect, and eventually to the marriage itself. Thus, it can be conclusively said that mutual trust and mutual respect lead to happiness and tranquility in any marriage. Conversely, the lack of trust and respect between spouses, which could be very much the result of their premarital mating, nourishes the meltdown of love and increases tension in the marriage.” -Shaykh Juma Muhammed al-Mazrui

Prima Qur’an comments:

Here we disagree with our respected teacher because the reasoning is not sound.

It is not explained how a person who has committed fornication/adultery and then marries another person who has similarly committed fornication/adultery would not suspect their spouse of mischief. After all, the reason they know they are able to marry each other is because of the very fact that both are equal for doing the same sin.

Meaning the only reason I have access to you for marriage is because you have been guilty of committing the exact same thing that I have been found guilty of.

Note — this is not an argument against the fiqh position; this is an argument against the use of rai’ (reason) that does not seem to follow through.

By limiting those who have committed fornication/adultery to marrying only those who have similarly done such things, it is one possible safety measure to stop the spread of sexual infectious diseases. Or, perhaps, to allow those who may have contracted an infectious sexual disease to enjoy the fruits of marriage and companionship among themselves. 

The position is strong the practical implimentation is wanting.

This particular position in our school is very strong. We do not dispute this point. However, our school would struggle with practical implimentation of this ruling.

No one is saying that a person who committed fornication can never get married, but if the ruling is that they can only marry someone who has similarly committed fornication (not the one they did the deed with), how does this work?

Those in our school who hold this position there is a real disconnect here between the ruling and the practicality. This is especially true when we consider the following.

  1. Islam does not encourage one to broadcast the sins that Allah (swt) has covered.
  2. Islam allows for and encourages the safeguard of one’s honour.

A brother or sister does not necessarily approach friends or respected elders and say: “Excuse me, I have committed fornication. Do you have anyone among your friends or relatives that has committed fornication that is looking to get married?” 

There is an encounter that was mentioned to me concerning Shaykh Ahmed Al Khalili (h). He was in the middle of Oman and approached by a man from the Hanafi school. The man said, “Oh Shaykh, I have committed Zina and I really love this woman and I want her to be the mother of our children.” The Shaykh replied to the man: “May Allah give you better than her.”

Though it is not polite to say to the man’s face, we imagine that the Shaykh also thought: “May Allah give her better than you.”

Jabir reported Allah’s Messenger (saw) as saying:

There is a remedy for every malady, and when the remedy is applied to the disease it is cured with the permission of Allah, the Exalted and Glorious.

Source: (https://sunnah.com/muslim:2204)

Do note that this is a widely known position in the school. There are other voices in the Ibadi school that do not agree with the above position. If you are thinking of adopting the school or have questions on this matter, kindly consult a scholar of the school.

You maybe interested in reading the following:

https://primaquran.com/2022/10/05/the-hypocrisy-of-bidi-talaq-innovated-divorces-weighed-against-the-wisdom-of-the-quran/

May Allah Guide the Ummah.

May Allah Forgive the Ummah.

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Convert Muslim woman is asked personal question by her Fiancée.

“O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah ; indeed, Allah is Accepting of repentance and Merciful.” (Qur’an 49:12)

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“As salamu alaykum. I am writing to you about my fiancée. He is a very pious Muslim and he recently asked about my past. To be more clear he asked about my sexual history and this made me very uncomfortable. I thought when we convert to Islam all our previous sins are forgiven.”

Dear respected sister, walakum salam wr wb, you are correct that when you enter into Islam all of your past mistakes, sins, errors are erased from Allah (swt). The question of your future husband is coming from a place of possible jealousy, which is natural and also from a place of safety, which is fair.

It is important for one to understand that sins can be forgiven and this relates to the afterlife. You will not be punished.  However, there are some sins that carry effects in this life.  That is why you will still feel the effects of sin in this life. 

We address this here:

Do allow us to elaborate. Anyone who has a sexual history prior to marriage owes it to themselves as well as to their future spouse to at the very least get a blood test done.

Your past is your past and, yes, it is wrong for your future husband to inquire about it. He may ask if you are a virgin, and you can answer if you wish or not. However, going into details about your past or pressing you further is out of bounds.

What you could propose and what we would suggest to you and any converted Muslim ever faced with this question is the following: First, be unwavering in your commitment to Allah (swt) and assure your future spouse of this. Be unwavering in your resolve that your past is your past. However, what you could propose is that both you and your spouse take a blood test and share the results. This way, your honour and his/her honour are all either protected or brought into question in a way that is fair and just to both parties. 

The reason we say this is that people who are born and raised as Muslims, even in righteous households, also get up to nonsense and haram things. There are people who have all the outward signs of an observant Muslim but inside their hearts are very dark. Allah (swt) knows best. So it is also possible that your fiancée has a past that you do not know about.

So our advice to you ladies and gentlemen is to give a very firm and diplomatic response.

Q: “Are you a virgin?” A: “I appreciate your concern and to put your mind at ease I can propose that we both take a blood test to ensure that we are both safe.”

To the brothers reading this, it is a woman’s prerogative if she wishes to answer that question or not. This is not about a person having a sexual past.  There are those who have been molested or sexually violated and asking them about their past brings up trauma that they have moved beyond. 

If the question is repeated, you can offer the same response. If the question is a dealbreaker for that individual, you can simply walk away from it, and Allah (swt) will open other doors for you. Insh’Allah.

So, on that note to any brothers/sisters reading this who do have a past, we would urge you to get tested for your own sake and for that of your future spouse or any children you have.

In Islam, protection of one’s lineage (ḥifẓ al-nasl / ḥifẓ al-nasab) is considered one of the five essential objectives of the Sharīʿah (maqāṣid al-sharīʿah). These objectives are:

  1. Protection of religion (ḥifẓ al-dīn)
  2. Protection of life (ḥifẓ al-nafs)
  3. Protection of intellect (ḥifẓ al-ʿaql)
  4. Protection of lineage/progeny (ḥifẓ al-nasl)
  5. Protection of wealth (ḥifẓ al-māl)

If you have an unfortunately positive blood test, you do not despair because you may find a partner that is in a similar situation, and you can both try to adopt children or be surrogate parents. You may also embrace the fullness of all life has to offer without having children. 

Again, your fiancée does have the right to ask that question, and you have the right to answer yes/no or as we proposed, a diplomatic response. Some people may see your lack of a yes/no response as not being forthright. They say to offer a diplomatic response is to be ambiguous. We do not agree with that. The reason we propose that type of response is that to ask that question is to question your honour, and you likewise have the right to question their honour.

Also, if you start off a relationship having even the smallest seed of distrust or doubt, it is best to back off altogether. Relationships, especially marriages, are built upon trust.

Allah (swt) knows best and the help of Allah (swt) is sought.

You may be interested in the following:

May Allah Guide the Ummah.

May Allah Forgive the Ummah.

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