Does the duaa of an insane person count?.
Praise be to Allaah.
There is nothing in the Sunnah to indicate that the supplication of an insane person is answered, so it is not permissible to claim that unless there is evidence to prove it, and there is nothing in the evidence that bears witness to that. Perhaps the origin of this claim comes from exaggeration of the Sufis thought concerning the insane and the simple-minded, or from the way in which the common folk go to extremes in mistreating these insane people. Many people wrong them and mistreat them unlawfully, and others think that they are better than same people or that they have a high status in worship or a special status before Allaah.
Rather we go further than that and say that the supplication of an insane person is not based on understanding and knowledge, so it does not fulfil the meaning of supplication which is worship and which implies that the person who is offering the supplication has in mind the meanings of Divinity and Lordship and the might of Allaah, may He be glorified and exalted, and he has in mind his need and submission and humility before Allaah. If an insane person says supplication, he is only uttering words that he does not know the meaning of and does not intend what they imply. Can something like this be called supplication, let alone be claimed that it is accepted and answered by Allaah?
But some of these insane people, who are not accountable, may have some understanding of some things and may be able to distinguish between the one who treats him kindly and honours him and the one who mistreats him and scorns him, so he may say some good words and supplication for the one who is kind to him. He may also supplicate against the one who mistreats him and scorns him, and it is not unlikely that his supplication may be answered in that case, especially if he is wronged and is seeking help against the one who wrongs him.
But saying in absolute terms that the supplication of the insane person is answered is something for which there is no evidence; rather it is speaking about Allaah without knowledge.
And Allaah knows best.
Friday, 23 March 2012
There is nothing wrong with asking the readers of the club to make du’aa’ for a Muslim who is going through difficulties
Sometimes in our club -- which is an Islamic women's club -- we announce that one of the sisters is going through some hardships or that she is sick and needs du’aa’s, and the sisters come in and make du’aa’ for her. Is this action an innovation? Is it regarded as communal du’aa’, as we have set aside a spot for this purpose, and for chatting and socializing.
Praise be to Allaah.
The communal dhikr which the scholars have warned against takes two well-known forms:
(i) Where all those present recite a wird or dhikr in unison
(ii) Where the leader of the circle says something, and those present repeat after him.
The kind of asking for du’aa’s that is mentioned in the question does not come under this heading. When the Prophet (blessings and peace of Allaah be upon him) had finished burying the deceased person, he would stand over the grave and say: “Pray for forgiveness for your brother and ask that he be made steadfast, for right now he is being questioned.” Narrated by Abu Dawood (3221); classed as saheeh by al-Albaani in Saheeh Abi Dawood.
And it was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (blessings and peace of Allaah be upon him) announced the death of the Negus, the ruler of Abyssinia, to us on the day that he died, and he said: “Ask for forgiveness for your brother.” Narrated by al-Bukhaari (1263) and Muslim (951).
Based on that, there does not seem to be anything wrong with what the sisters are doing in this club; rather it is something that is prescribed in sharee’ah because it is pointing the way to goodness and helping one who is in need.
The Prophet (blessings and peace of Allaah be upon him) encouraged making du’aa’ for a Muslim in his absence. He said: There is no Muslim who prays for his brother in his absence, but the angel says: And you will have something similar.”
Narrated by Muslim (2732).
And Allaah knows best.
And importantly& note that we want to talk about and share with you it is about Quran reading and doing Quran recitation online to comprehend it, Ramadan is the month when the mind blowing Holy Quran has been uncovered. A miracle by the Maker of the worlds, Allah (SWT) Should we not spiritualize him by reading Quran the endowment he has sent down for us and we should & learn Arabic Quran by heart to have the power of it and we as Moslem should try to Learn Quran with translation to comprehend it while we do Quran memorization and let our heart fill will teardrops of glory and wash away our sins in the month of Ramadan many people teach quran and we should participate in teaching quran as much as we could. important note to before starting to read koran& After social intercourse or menstrual bleeding one must not touch the holy Quran or do quran recitation and also not do quran memorization until after bathing non-Muslim should not handle the religious writing, but may concentrate to Quran online. Based upon all these things in your thoughts when one is not reading or reciting holy Quran it ought to be closed and stored in nice and clean position, it should never be placed on floor or in a toilet and Muslim will require to focus on reading Quran the tajweed quran and its patterns with a proper institute.
End from online Quran reciter blog.
Praise be to Allaah.
The communal dhikr which the scholars have warned against takes two well-known forms:
(i) Where all those present recite a wird or dhikr in unison
(ii) Where the leader of the circle says something, and those present repeat after him.
The kind of asking for du’aa’s that is mentioned in the question does not come under this heading. When the Prophet (blessings and peace of Allaah be upon him) had finished burying the deceased person, he would stand over the grave and say: “Pray for forgiveness for your brother and ask that he be made steadfast, for right now he is being questioned.” Narrated by Abu Dawood (3221); classed as saheeh by al-Albaani in Saheeh Abi Dawood.
And it was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (blessings and peace of Allaah be upon him) announced the death of the Negus, the ruler of Abyssinia, to us on the day that he died, and he said: “Ask for forgiveness for your brother.” Narrated by al-Bukhaari (1263) and Muslim (951).
Based on that, there does not seem to be anything wrong with what the sisters are doing in this club; rather it is something that is prescribed in sharee’ah because it is pointing the way to goodness and helping one who is in need.
The Prophet (blessings and peace of Allaah be upon him) encouraged making du’aa’ for a Muslim in his absence. He said: There is no Muslim who prays for his brother in his absence, but the angel says: And you will have something similar.”
Narrated by Muslim (2732).
And Allaah knows best.
And importantly& note that we want to talk about and share with you it is about Quran reading and doing Quran recitation online to comprehend it, Ramadan is the month when the mind blowing Holy Quran has been uncovered. A miracle by the Maker of the worlds, Allah (SWT) Should we not spiritualize him by reading Quran the endowment he has sent down for us and we should & learn Arabic Quran by heart to have the power of it and we as Moslem should try to Learn Quran with translation to comprehend it while we do Quran memorization and let our heart fill will teardrops of glory and wash away our sins in the month of Ramadan many people teach quran and we should participate in teaching quran as much as we could. important note to before starting to read koran& After social intercourse or menstrual bleeding one must not touch the holy Quran or do quran recitation and also not do quran memorization until after bathing non-Muslim should not handle the religious writing, but may concentrate to Quran online. Based upon all these things in your thoughts when one is not reading or reciting holy Quran it ought to be closed and stored in nice and clean position, it should never be placed on floor or in a toilet and Muslim will require to focus on reading Quran the tajweed quran and its patterns with a proper institute.
End from online Quran reciter blog.
Tuesday, 13 March 2012
An illegitimate daughter is asking, Whose daughter am I?
I'm an illegitimate child. I was conceived before my mother became Muslim. She became Muslim a few days before my birth. My parents married when I was 10 months old. My parents got divorced 2 years ago, after I disclosed sexual abuse by him. I have used my father's name since I was born and he has always accepted paternity of me. Do I need to change my name to my mother's name? I am 14 year old and have five siblings, all with my father's name. I read the answers on this site and all seemed to say that I should, but one answer by Shaykh 'Abd-Allah ibn Jibreen seemed to say the opposite. (Question Reference Number 5967) He stated that if the father accepts paternity, it is permissible to retain his name. Please clarify this issue for me.
Praise be to Allaah.
Firstly: we confirm that the illegitimate child has nothing to do with his parents’ crime, and that he has all the same rights as any other Muslim, male or female. He must also fear Allaah so that he may become one of the people of Paradise with whom Allaah is pleased.
Secondly: the scholars differed as to whether or not the child may be attributed to his adulterous father, if the woman was not married.
What that means is: if the woman was married and had a child six months after being married, then the child should be attributed to the father, and he cannot deny the child unless he divorces his wife by means of li’aan. If a man claims that he committed zina with this woman and that this is his illegitimate child, no attention should be paid to him, according to scholarly consensus, because the Prophet (peace and blessings of Allaah be upon him) said, “The child is to be attributed to the husband and the adulterer deserves nothing.” Narrated by al-Bukhaari, 2053; Muslim, 1457.
Ibn Qudaamah said: “The scholars were unanimously agreed that if a child is born to one man’s wife, and another man claims it is his child, the child is not to be attributed to the latter. The difference of opinion arises when a child is born outside of marriage.”
If the woman is not married, and she has a child as a result of zina, and the zaani (adulterer, man who committed zina) claims it is his child, should the child be attributed to him or not?
The majority of scholars are of the view that the child should not be attributed to him.
It was narrated from al-Hasan, Ibn Sireen, ‘Urwah, al-Nakha’i, Ishaaq and Sulaymaan ibn Yassaar that the child should be attributed to him.
This was also the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him).
Ibn Qudaamah also narrated this view from Abu Haneefah. He said: “ ‘Ali ibn ‘Aasim narrated that Abu Haneefah said: If a man commits zina with a woman and she gets pregnant from him, I do not see anything wrong with him marrying her even though she is pregnant, so as to conceal her (sin), and the child will be his child.” (al-Mughni, 9/122).
Ibn Muflih (may Allaah have mercy on him) said: Our shaykh [Ibn Taymiyah] favoured the view that a man may attribute to himself a child who is the result of zina with an unmarried woman. al-Furoo’, 6/625
Ibn Qudaamah (may Allaah have mercy on him) said: The illegitimate child should not be attributed to the zaani according to the majority of scholars, but al-Hasan and Ibn Sireen said: he may be attributed to the zaani if the hadd punishment has been carried out on him, and he may inherit from him. Ibraaheem said: He may be attributed to him if the hadd punishment of flogging has been carried out, or if he becomes the owner of the woman with whom he had intercourse. Ishaaq said: He may be attributed to him, and he quoted something similar from ‘Urwah and Sulaymaan ibn Yassaar.
Shaykh al-Islam (Ibn Taymiyah) said: There are also two views among the scholars concerning the zaani claiming the child as his if the woman is not married. The Prophet (peace and blessings of Allaah be upon him) said: “The child is to be attributed to the husband and the adulterer deserves nothing.” So he said that the child belongs to the husband, not the zaani. But if the woman is not married then this hadeeth is not applicable. ‘Umar attributed children born in the jaahiliyyah to their fathers, but this is not the place to discuss this issue in detail.
Al-Fataawa al-Kubra, 3/178
The majority of scholars quoted as evidence that the illegitimate child should not be attributed to the zaani the hadeeth narrated by Ahmad (7002), Abu Dawood (2265) and Ibn Maajah (2746) from ‘Amr ibn Shu’ayb from his father from his grandfather who said: “The Prophet (peace and blessings of Allaah be upon him) ruled that whoever is born to a slave woman who was not owned by his father, or (was born to) a free woman with whom (the father) committed zina, then he cannot be attributed to him nor can he inherit, even if the one to whom he is attributed claims him as a son. He is the child of fornication whether his mother was a free woman or a slave.”
This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood, and by al-Arna’oot in Tahqeeq al-Musnad. It was quoted as evidence by Ibn Muflih to support the view of the majority.
The Prophet (peace and blessings of Allaah be upon him) ruled that the illegitimate child should not be attributed to the zaani and could not inherit from him, even if the zaani claimed him as his child.
Undoubtedly attributing the child to a particular person is a serious matter on which many rulings of sharee’ah depend, such as matters of inheritance, who is forbidden for marriage (mahrams) and who are his relatives.
The point is that the fatwa which says that the illegitimate child should not be attributed to the zaani is in accordance with the view of the majority of scholars.
With regard to Shaykh Ibn Jibreen (may Allaah preserve him), perhaps he based his view on the other scholarly view which we have mentioned above.
Based on the view of the majority, the illegitimate child – whether male or female – should not be attributed to the zaani, and should not be described as his child. Rather he should be attributed to his mother; he is a mahram for her and may inherit from her like all her other children.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “With regard to the child who is born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e., this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his legitimate child.”
From Fataawa Islamiyyah, 3/370.
In Fataawa al-Shaykh Muhammad ibn Ibraaheem (11/146) it says: The child who is created from the sperm of the zaani cannot be called the child of the zaani.
And Allaah knows best.
The punishment for homosexuality
What is the punishment for homosexuality? Is there any differentiation between the one who does it and the one to whom it is done?.
Praise be to Allaah.
Firstly:
The crime of homosexuality is one of the greatest of crimes, the worst of sins and the most abhorrent of deeds, and Allaah punished those who did it in a way that He did not punish other nations. It is indicative of violation of the fitrah, total misguidance, weak intellect and lack of religious commitment, and it is a sign of doom and deprivation of the mercy of Allaah. We ask Allaah to keep us safe and sound.
Allaah says (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?
81. ‘Verily, you practise your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins).’
82. And the answer of his people was only that they said: ‘Drive them out of your town, these are indeed men who want to be pure (from sins)!’
83. Then We saved him and his family, except his wife; she was of those who remained behind (in the torment).
84. And We rained down on them a rain (of stones). Then see what was the end of the Mujrimoon (criminals, polytheists and sinners)”
[al-A’raaf 7:80-84]
“Verily, by your life (O Muhammad), in their wild intoxication, they were wandering blindly.
73. So As‑Saihah (torment — awful cry) overtook them at the time of sunrise.
74. And We turned (the towns of Sodom in Palestine) upside down and rained down on them stones of baked clay.
75. Surely, in this are signs for those who see (or understand or learn the lessons from the Signs of Allaah).
76. And verily, they (the cities) were right on the highroad (from Makkah to Syria, i.e. the place where the Dead Sea is now)”
[al-Hijr 15:72-76]
al-Tirmidhi (1456), Abu Dawood (4462)and Ibn Maajah (2561) narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.”. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
Ahmad (2915) narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet of Allaah (peace and blessings of Allaah be upon him) said: “May Allaah curse the one who does the action of the people of Loot, may Allaah curse the one who does the action of the people of Loot,” three times. This was classed as hasan by Shu’ayb al-Arna’oot in Tahqeeq al-Musnad.
The Sahaabah were unanimously agreed on the execution of homosexuals, but they differed as to how they were to be executed. Some of them were of the view that they should be burned with fire, which was the view of ‘Ali (may Allaah be pleased with him) and also of Abu Bakr (may Allaah be pleased with him), as we shall see below. And some of them thought that they should be thrown down from a high place then have stones thrown at them. This was the view of Ibn ‘Abbaas (may Allaah be pleased with him).
Some of them thought that they should be stoned to death, which was narrated from both ‘Ali and Ibn ‘Abbaas (may Allaah be pleased with them).
After the Sahaabah, the fuqaha’ differed concerning the matter. Some of them said that the homosexual should be executed no matter what his situation, whether he is married or not.
Some of them said that he should be punished in the same way as an adulterer, so he should be stoned if he is married and flogged if he is not married.
Some of them said that a severe punishment should be carried out on him, as the judge sees fit.
Ibn al-Qayyim (may Allaah be pleased with him) discussed this issue at length, and he mentioned the evidence and arguments of the fuqaha’, but he supported the first view. This is explained in his book al-Jawaab al-Kaafi’ li man sa’ala ‘an al-Dawa’ al-Shaafi, which he wrote to deal with this immoral action. We will quote some of what he said:
Because the evil consequences of homosexuality are among the worst of evil consequences, so its punishment is one of the most severe of punishments in this world and in the Hereafter.
The scholars differed as to whether it is to be punished more severely than zina, or whether the punishment for zina should be more severe, or whether the punishments should be the same. There are three points of view:
Abu Bakr al-Siddeeq, ‘Ali ibn Abi Taalib, Khaalid ibn al-Waleed, ‘Abd-Allaah ibn al-Zubayr, ‘Abd-Allaah ibn ‘Abbaas, Maalik, Ishaaq ibn Raahawayh, Imam Ahmad according to the more sound of the two reports from him and al-Shaafa’i according to one of his opinions, were of the view that the punishment for homosexuality should be more severe than the punishment for zina, and the punishment is execution in all cases, whether the person is married or not.
Al-Shaafa’i, according to the well-known view of his madhhab, and Imam Ahmad according to the other report narrated from him, were of the view that the punishment for the homosexual should be the same as the punishment for the adulterer.
Imam Abu Haneefah was of the view that the punishment for the homosexual should be less severe than the punishment for the adulterer, and it is a punishment to be determined by the judge (ta’zeer).
Those who favoured the first view, who are the majority of the ummah – and more than one scholar narrated that there was consensus among the Sahaabah on this point – said that there is no sin that brings worse consequences than homosexuality, and they are second only to the evil consequences of kufr, and they may be worse than the consequences of murder, as we shall see below in sha Allaah.
They said: Allaah did not test anyone with this major sin before the people of Loot, and He punished them with a punishment that He did not send upon any other nation; He combined all kinds of punishment for them, such as destruction, turning their houses upside down, causing them to be swallowed up by the earth, sending stones down upon them from the sky, taking away their sight, punishing them and making their punishment ongoing, and wreaking vengeance upon them such as was not wrought upon any other nation. That was because of the greatness of the evil consequences of this crime which the earth can hardly bear if it is committed upon it, and the angels flee to the farthest reaches of heaven and earth if they witness it, lest the punishment be sent upon those who do it and they be stricken along with them. The earth cries out to its Lord, may He be blessed and exalted, and the mountains almost shift from their places.
Killing the one to whom it is done is better for him than committing this act with him, because if a man commits sodomy with another man, in effect he kills him in such a way that there is no hope of life after that, unlike murder where the victim is wronged and is a martyr. They said: the evidence for that (i.e., that the evil consequences of homosexuality are worse than those of murder) is the fact that in the case of murder, Allaah gives the next of kin the choice: if he wishes he may have him executed and if he wishes he may let him off, but He enjoined executing the homosexual as a hadd punishment, as the companions of the Messenger of Allaah were unanimously agreed, and as is clearly indicated by the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and there is no evidence to the contrary; rather this is what his companions and the Rightly-Guided Caliphs (may Allaah be pleased with them all) did.
It is narrated from Khaalid ibn al-Waleed that he found a man among one of the Arab tribes with whom men would have intercourse as with a woman. He wrote to Abu Bakr al-Siddeeq (may Allaah be pleased with him) and Abu Bakr al-Siddeeq consulted the Sahaabah (may Allaah be pleased with them). ‘Ali ibn Abi Taalib had the strongest opinion of all of them, and he said: “No one did that but one of the nations, and you know what Allaah did to them. I think that he should be burned with fire.” So Abu Bakr wrote to Khaalid and he had him burned.
‘Abd-Allaah ibn ‘Abbaas said: The highest point in the town should be found and the homosexual should be thrown head first from it, then stones should be thrown at him.
Ibn ‘Abbaas derived this hadd punishment from the punishment that Allaah sent upon the homosexuals of the people of Loot.
Ibn ‘Abbaas is the one who narrated from the Prophet (peace and blessings of Allaah be upon him) the words: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.” This was narrated by the authors of al-Sunan and was classed as saheeh by Ibn Hibbaan and others. Imam Ahmad quoted this hadeeth as evidence, and its isnaad meets the conditions of al-Bukhaari.
They said: and it is narrated that he said: “May Allaah curse the one who does the action of the people of Loot, may Allaah curse the one who does the action of the people of Loot, may Allaah curse the one who does the action of the people of Loot,” and it is not narrated that he cursed the adulterer three times in one hadeeth. He cursed those who do a variety of major sins, but he did not curse any of them more than once, but he repeated the curse for the homosexual three times. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) agreed unanimously that the homosexual is to be executed, and none of them differed concerning that. Rather they differed as to the method of execution. Some people thought that this difference means that they disagreed about executing him, so they narrated it as a matter concerning which the Sahaabah differed, but it is a matter concerning which there was consensus among them, not a matter of difference.
And they said: Whoever ponders the words of Allaah (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to hell unless Allaah Forgives him)”
[al-Isra’ 17:32]
and what He says about homosexuality (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?”
[al-A’raaf 7:80]
will see the difference between them. When Allaah mentioned zina, He described it as a “great sin” (faahishah – indefinite) among other great sins, but when He mentioned homosexuality, He called it “the worst sin” (al-faahishah – definite). This suggests that it contains all the essence of evil and sin.
End quote from al-Jawaab al-Kaafi (p. 260-263).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: With regard to homosexuality, some of the scholars said that the hadd punishment for it is the same as the hadd punishment for zina, and it was said that it is less than that. But the correct view on which the Sahaabah were unanimously agreed is that both are to be killed, the active and the passive partners, whether they are married or not. The authors of al-Sunan narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.” And Abu Dawood narrated from Ibn ‘Abbaas concerning the unmarried person who commits a homosexual act that he said: He is to be stoned. And something similar was narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him). The Sahaabah did not differ concerning the ruling that the homosexual is to be executed, but they differed concerning the methods. It was narrated from Abu Bakr al-Siddeeq (may Allaah be pleased with him) that he is to be burned, and from others that he is to be executed.
It was narrated from some of them that a wall is to be knocked down on top of him until he dies beneath it.
And it is said that both should be detained in the foulest of places until they die.
It was narrated from some of them that he should be taken up to the highest place in the town and thrown down from it, to be followed with stones, as Allaah did to the people of Loot. This was narrated from Ibn ‘Abbaas. According to the other report, he is to be stoned. This was the view of the majority of the salaf. They said: because Allaah stoned the people of Loot, and stoning is prescribed for the zaani by analogy with the stoning of the homosexual. Both are to be stoned, whether they are free or slaves, or one of them is the slave of the other, if they have reached the age of puberty. If one of them has not reached the age of puberty, he is to be punished but not stoned, and none is to be stoned except one who has reached puberty. End quote from al-Siyaasah al-Shar’iyyah, p. 138.
Secondly:
The one to whom it is done is like the one who does it, because they both took part in the sin. So both are to be punished by execution, as it says in the hadeeth. But two exceptions may be made to that:
1 – One who is forced into sodomy by means of beating, death threats and the like. He is not subject to any hadd punishment.
It says in Sharh Muntaha al-Iraadaat (3/348): There is no hadd punishment if the one who has been sodomized is forced into it, such as if the one who did it overpowered him or threatened him with death or beating and the like. End quote.
2 – If the one to whom it was done is a minor and has not reached the age of puberty. There is no hadd punishment in this case, but he should be disciplined and punished in a way that will deter him from committing this crime, as stated above in the quotation from Shaykh al-Islam Ibn Taymiyah.
Ibn Qudaamah (may Allaah have mercy on him) narrated in al-Mughni (9/62) that there is no difference of opinion among the scholars concerning the fact that the hadd punishment should not be carried out on one who is insane or a boy who has not yet reached the age of puberty.
And Allaah knows best.
Ruling on being intimate with a non-mahram woman without intercourse
What is the ruling on being intimate with a non-mahram woman without intercourse in the vagina? Is anal intercourse regarded as sodomy?.
Praise be to Allaah.
Firstly:
It is by Allah’s wisdom that when He forbids a thing He forbids the things that lead to it, because indulging in things that may lead to haraam may make the heart inclined towards it, in such a way that the individual develops a psychological conflict between falling into this sin or the suffering that results from standing in the middle of the road, so that he is not shunning the haraam thing entirely, with the peace of mind that comes from keeping away from it, nor is he committing the sin and fulfilling the desires of his self that is inclined towards evil. In most cases of this type, the person will fall into major sins that he thought he would never commit, major sins that corrupt his religious and worldly affairs, ruin his life, and destroy the blessing in his wealth and children, as a befitting punishment for his sin, because he moved away from his Lord and transgressed His sacred limits, and did not care that Allaah was watching him and was aware of what he was doing. The wise man is the one who is not careless about things that lead to real disasters that affect his religious commitment, which is a man’s capital and comes before any worldly consideration.
The one who thinks about this question will realize that it is impossible for a man to reach that level of evil and then be able to control himself and refrain from falling into that great sin, which is as nothing compared to the anger and wrath of Allaah and the corruption that it causes, all just for the sake of the short-lived pleasure that the sinner is trying to achieve, which will be followed by never-ending regret.
The Muslim has to understand things as they are and what they lead to, and not be tempted by the things that the Shaytaan makes attractive, or be deceived when the Shaytaan tries to make him think of evil actions as insignificant as a trick to make people join his party of losers. He has to fear Allaah his Lord in private and in public, and know that Allaah sees him and knows his intentions and his actions, as Allaah says (interpretation of the meaning):
“Allaah knows the fraud of the eyes, and all that the breasts conceal”
[Ghaafir 40:19]
He should remember that what is with Allaah is better and more lasting, and that the Hereafter and its blessings are better for him than this world, and that the reward for being patient in abstaining from evil actions is Paradise as vast as the heavens and the earth, in which there is whatever a person could want of absolute and untainted pleasure.
For more information on the ruling please see question no. 27259
Secondly:
Anal intercourse, if done with a man, is homosexuality which is condemned in the Qur’aan and Sunnah.
It was one of the causes of the destruction of a nation, namely the people of Loot, the Prophet of Allaah.
With regard to anal intercourse with a woman: if this is with one's wife, it is not permissible, and is known as “lesser sodomy”, so how about if it is with a woman who is not permissible for him?
(a) What was narrated concerning sodomy:
Ibn Hazam said:
The action of the people of Loot is a major sin and a forbidden immoral action, like eating pork, dead meat and blood, drinking alcohol, committing adultery, and all other sins. Whoever regards it as permissible or regards any of the things we have mentioned as permissible is a kaafir and a mushrik, whose blood may be shed and whose wealth may be seized.
Al-Muhalla, 12/389
Ibn Qudaamah said:
The scholars are unanimously agreed that sodomy is forbidden. It was condemned by Allaah in His Book, and by the Messenger of Allaah (peace and blessings of Allaah be upon him). Allaah says (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?
Verily, you practise your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’”
[al-A’raaf 7:80]
And the Prophet (peace and blessings of Allaah be upon him) said: “May Allaah curse those who do the deed of the people of Loot, may Allaah curse those who do the deed of the people of Loot, may Allaah curse those who do the deed of the people of Loot.”
Al-Mughni, 9/59
Ibn al-Qayyim narrated from his shaykh Ibn Taymiyah and from others that there was consensus among the Sahaabah that the one who does the deed of the people of Loot should be put to death, but they differed as to how that should be done.
Zaad al-Ma’aad, (5/40). For more details on the ruling see also question no.10050.
(b) What was narrated concerning anal intercourse with a woman:
Anal intercourse with a woman is a major sin, and the Prophet (peace and blessings of Allaah be upon him) cursed the one who does that.
Abu Dawood (2162) narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Cursed is the one who has intercourse with his wife in her back passage.” Classed as hasan by al-Albaani in Saheeh Abi Dawood. This curse applies to one who has anal intercourse with his wife, so how about if the woman is a stranger (non-mahram) to him?
Al-Tirmidhi (135) narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a menstruating woman or with a woman in her back passage, or who goes to a soothsayer, has disbelieved in that which was revealed to Muhammad (peace and blessings of Allaah be upon him).” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
If a man and wife agree to anal intercourse and do not stop after being punished (with a ta’zeer punishment), then they are to be separated.
Shaykh al-Islam Ibn Taymiyah was asked about a man who has intercourse with his wife in her back passage.
He replied:
Having anal intercourse with a woman is haraam, according to the Qur’aan and Sunnah, and this is the view of the majority of earlier and later scholars. Indeed, this is “lesser sodomy”. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is not too shy to tell the truth. Do not have intercourse with women in their back passages.” And Allaah says (interpretation of the meaning):
“Your wives are a tilth for you, so go to your tilth, when or how you will”
[al-Baqarah 2:223]
The tilth (harth) is the place from which the child is born [the vagina], because the tilth is the place of planting and sowing. The Jews used to say that if a man had intercourse with his wife from behind, the child would be born with a squint, then Allaah revealed this verse, and Allaah allowed the man to have intercourse with his wife in all positions, so long as it is in the vagina only. Whoever has intercourse with her in her back passage, and she obeys him in that, they should both be punished, and if they do not stop, then they should be separated, as an immoral man and the person with whom he commits immoral actions should be separated, and Allaah knows best.
Al-Fataawa al-Kubra, 3/104, 105
With regard to having intercourse with a non-mahram woman in her back passage, the scholars differed as to whether this is zina (fornication) or sodomy.
See al-Mabsoot, 9/77; al-Faakihah al-Dawaanah, 2/209; Mughni al-Muhtaaj, 5/443; al-Insaaf, 10/177; al-Furoo’, 6/72
The view favoured by Shaykh al-Sa’di (may Allaah have mercy on him) is that having intercourse with a non-mahram woman in her back passage is considered to be zina (fornication). He said: Zina means having an unlawful sexual relationship in the front passage or the back passage. Manhaj al-Saalikeen, p. 239.
We ask Allaah to keep us safe from evil and to purify our hearts of evil thoughts, and to help us to be steadfast in adhering to His religion and obeying His commands.
And Allaah knows best.
Is it permissible for one who has committed zina (fornication or adultery) to get married after he or she has repented?
I am a muslim that converted about three years ago. I am still learning and I have a question. I have been told that if I had sex after I converted I would not be able to islamically get married under the ways of islam. I wanted to know if this is true and if it is, is there any way to correct the deed that I am so very sorry for.
Praise be to Allaah.
The one who has committed zina (fornication or adultery) has to repent, because zina is one of the major sins which are forbidden in Islam and for which a stern warning is issued to the one who does them. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
The punishment must be carried out in this world on the one who has committed zina (fornication or adultery), as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
It was narrated in a hadeeth from the Prophet (peace and blessings of Allaah be upon him): “Receive (teaching) from me, receive (teaching) from me. Allaah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female, (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.”
(Narrated by Muslim, al-Hudood, 3199).
Allaah has forbidden the believers to marry a person who commits zina, whether man or woman. Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)”
[al-Noor 24:3]
If the one who has committed zina repents to Allaah, truly and sincerely, then Allaah will forgive him or her, and overlook the sin. Allaah says, after mentioning the warning to those who commit zina:
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:70-71 – interpretation of the meaning]
If the person repents sincerely, then it becomes permissible for him or her to get married, after they give up this sin.
Shaykh Muhammad ibn Ibraaheem was asked about the ruling on getting married to a woman who has committed zina. He said: “it is not permissible to marry the woman who has committed adultery until she repents… if a man wants to marry her, he has to be sure that she is not pregnant, by waiting until she has a period before he does the marriage contract with her. If she is pregnant, then it is not permissible for him to marry her until she has given birth.”
See al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 2/584
They called upon the angels to witness their marriage
I am a female student living on my ownaway from my family.... i became friendz with one of my colleges last yr .he was ill those days and even had some more problemsin whichhe definitelyneededsomeoneto rely on and few words of strenght.i became thatsupport for him that time.I thought it is nice to help people.....Alllah would reward me for that .But after amonthor sdo we became very good friendzand later got much involved in each other.till now we never touched each other..... once we were playing,i dont remember what happened that day ....he leaned on me and kissed me .both of us being muslims felt guityand at our own placdfes asked forgiveness from allah ...and i dont remember how the same thing happened once moreand we decided to marry...As we were students and due to some economical and social problems we were not able to do it properly and disclose it .....Moreover we nthought its allah who knows everything and we should be clear infront of him. one night after offering salat of isha and two rakaa' of nafilahwe started searching for verses and rules and regulations of marriage in quran.We found some lines but not exact what we wanted that time ....Any how we read few verses from it and sweared holding quran in our hands that we consider each other as our spouse.and would never betray each other ...and thought Angels wouild be our witnesses. and therefore we thought we are married..and kissing and holding each other never haunted us...and we never felt guilt... after 3 months or so ,as we thought we are married many times we shared bed. This yr (after11/12 months),i was reading some questions on this site on divorce and marriage ...(i used this site earlier but never used it for this topic as i never thought i did wrong ...)and there i foundcertain questionslike this but not exactly...there arouse a doubt in my mind that i am practicing wrong thingsso i spoke to him and we stopped practicing it .... sir,we want to know ,whether this marriage is considered or not ...? have we done "zinna"and whether we will be punished for it even if we repent... And sir,if we want to marry in futurecan we marry(if our marriage is not considered)? .
Praise be to Allaah.
What happened between that man and that woman – based on what is mentioned in the question – is undoubtedly zina. Where was the woman’s wali (guardian) in this marriage? It is strange that the angels were witnesses to this marriage but they did not see those witnesses.
What you have to do is repent to Allaah from what you have done, and realize that you have committed a major sin. The Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the time when he is committing adultery.” Narrated by al-Bukhaari (2343) and Muslim (57). For more information please see question no. 11195 and 21223.
If a person repents, Allaah rejoices at his repentance and accepts it and forgives him, as Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
They have to cut off all ties with one another, so as to close the door to temptation and desire. If they want to have a good, legitimate relationship, then they should enter houses by the proper doors, as Allaah has prescribed, and they have to fear Allaah and be patient in heeding His sacred limits. A person may be able to put up with the pain of separation but he will not be able to put up with the heat of the Fire. So let them keep away from one another, so that they will not fall into doing that which will earn the wrath and punishment of Allaah, or let them hasten to get married in the proper Islamic manner, after repenting from what they have fallen into of zina. And Allaah knows best.
Subscribe to:
Posts (Atom)