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Is It Haraam To Marry A Woman Who Cannot Have Children? She Wants To Marry A Kaafir On Paper Only

Islamic Rulings - Living Shariah Verdicts

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I had tried to get a clear answer for my question for 3 yrs but in vain hope inshallah i get a reply from u.i am 23 yr old,i hav one sister.my mom and dad have been married for 25 yrs.3yrs back my father married a hindu widow women converting her to islam.and we have had problems in home from then on.she has two sons from her first husband who died. the issue is the second wife was working at the same place where my father worked,and the rumour is my father had an affair with her and married her later,and Allah knows better is it true or not.she was known to be a women of not so good characters and she dresses very provocatively. even after three years of marraige there is no islamic signs on her and she still dresses in a very provocative manner, she had done sterilization operation after her children were born from her first husband.so my father knoingly married a women who could not bear children. so the issue is , is the marraige valid since Muhamed(sal) had prohibited marraige with a women who could not bear children. and if so then what about the two sons of her who have been given islamic names and are studying in a muslim boarding school. and what should be the attitude of my mother and also my attitude towards this issue .

Praise be to Allaah.

Firstly:

In your question you said that your father married a Hindu woman and made her become Muslim. If the marriage contract was done when she was a Hindu, and she became a Muslim after that, then the marriage is invalid, and your father should do a new marriage contract, because Allaah has forbidden Muslim men to marry mushrik women until they become Muslim. Allaah says (interpretation of the meaning):

"And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)"

[al-Baqarah 2:221]

If the marriage contract was done after she became Muslim, then the marriage is valid.

Secondly:

It is not permissible for your father to marry a woman who is as you describe. Islam encourages marriage to religiously-committed women. Her dressing in a provocative manner prevents the Muslim from making this choice. You have to advise your father in the way that is better to urge her to adhere to Islamic rulings, which includes telling her to wear hijab and behave in a proper manner.

Thirdly:

The Messenger (peace and blessings of Allaah be upon him) encouraged marriage to women who are fertile. It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to say: "Marry the one who is loving and fertile, for I will feel proud of your large numbers before the other Prophets on the Day of Resurrection." Narrated by Ahmad (12202). Classed as saheeh by Ibn Hibbaan (3/338) and by al-Haythami in Majma' al-Zawaa'id (4/474).

Sham al-Deen Abaadi (may Allaah have mercy on him) said:

Wudood (loving) means she loves her husband.

Wulood (fertile) means the one who bears many children.

These two conditions are mentioned together because if a fertile woman is not loving, her husband will feel no desire for her, and if a loving woman is not fertile, the desired aim will not be achieved, which is to increase the numbers of the ummah by producing many children. These two characteristics may be known in the case of virgins from the behaviour of their relatives, because in most cases relatives are similar in behaviour and characteristics.

‘Awn al-Ma'bood (6/33-34)

The Prophet (peace and blessings of Allaah be upon him) told men not to marry infertile women. It was narrated that Ma'qil ibn Yasaar (may Allaah be pleased with him) said: A man came to the Prophet (peace and blessings of Allaah be upon him) and said: I have found a woman who is of good lineage and beautiful, but she cannot have children. Should I marry her? He said: No. Then he came to him a second time, and he told him not (to marry that woman). Then he came to him a third time and he said: "Marry the one who is loving and fertile, for I will be proud of your great numbers before the nations." Narrated by al-Nasaa'i (3227) and Abu Dawood (2050). Classed as saheeh by Ibn Hibbaan (9/363) and by al-Albaani in Saheeh al-Targheeb (1921).

This prohibition does not mean that it is haraam, rather it is makrooh. The scholars stated that choosing a fertile woman is mustahabb, not obligatory.

Ibn Qudaamah said in al-Mughni:

It is mustahabb that she be from a family whose women are known to bear many children. End quote.

Al-Manaawi said in Fayd al-Qadeer (6. hadeeth 9775):

Marrying a woman who is not fertile is makrooh. End quote.

Just as it is permissible for a woman to marry an infertile man, it is also permissible for a man to marry an infertile woman.

Al-Haafiz said in al-Fath:

As for one who cannot have children or who has no desire for women or for intimacy, this (marriage) is permissible in his case, if the woman is aware of that and agrees to it. End quote.

Fourthly:

With regard to your father's wife giving her sons Muslim names and putting them in an Islamic school, these are good things that your father has done. Changing bad names or foreign names to Arab and Muslim names is a good thing. See the answer to questions no. 23273, 14622 and 12617. Putting them into an Islamic school is a means of introducing them to true Islam and convincing them of it, and we hope that they will become good Muslims.

Fifthly:

You have to honour your mother and take care of her, and advise her to give your father his rights. It is not permissible for her to go against his command unless he tells her to do something that is disobedient to Allaah. You should also advise your father's wife and show her the way to do good. You should pay attention to her sons and help them to get to know Islam and follow its rulings.

We ask Allaah to set your family's affairs straight, and to guide you to obey Him, and help you to worship Him properly.

And Allaah knows best.

She wants to marry a kaafir on paper only

I am a single woman living on my own, and I work in a hotel in reception. Is my work haraam, knowing that I do not wear hijab and I afraid that I will be fired if I start to wear hijab, and I cannot find any other work? I am 34 years old. Can I get married on paper to a non-Muslim so that I will be able to emigrate and go and live abroad, because I am afraid of spinsterhood and the people talk a lot, and I cannot stand their watching me any more.

Praise be to Allaah.

Firstly:

We ask Allaah to guide you and make you independent of means by that which He has permitted so that you will have no need of that which He has forbidden, and by means of His bounty alone.

Secondly:

Your question implies that currently you are not wearing hijab, for fear of being fired from your work. We will never advise you to do anything but that which we would want for our own wives, sisters and daughters. No matter what the situation, as you say, the hijab is an important matter. It is the symbol of the believing woman and the sign of her modesty and chastity. It is not permissible to neglect it on the grounds of seeking provision, which Allaah has guaranteed to everyone, and has promised to give more to those who obey Him and seek His pleasure. Allaah says (interpretation of the meaning):

"And in the heaven is your provision, and that which you are promised"

[al-Dhaariyaat 51:22]

And Allaah says (interpretation of the meaning):

"And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things"

[al-Talaaq 65:2-3]

So have certain faith and trust in Allaah, and be certain that your provision will not cease even if you wear hijab, rather we hope that this will bring a great relief and great provision as Allaah has promised. It is narrated in a saheeh report that our Prophet (peace and blessings of Allaah be upon him) said: "Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it." Classed as saheeh by al-Albaani in Hijaab al-Mar'ah al-Muslimah.

So wear your hijab and seek permissible work in which there is no free mixing with men, and Allaah will compensate you with good, for all things are in His hand, and His bounty is great, may He be glorified and exalted.

See also question no. 6666.

Thirdly:

It is not permissible for a Muslim woman to marry a non-Muslim, no matter what the reasons, even if that is only on paper as you say. Marriage is a serious matter and is to be taken seriously, regardless of how it is done. There is no such thing as marriage on paper only, as some people think, rather there is binding marriage. If it fulfils the conditions then it is valid and if it does not fulfil the conditions then it is a haraam marriage and it is not permissible for anyone to do it.

Allaah says (interpretation of the meaning):

"And give not (your daughters) in marriage to Al-Mushrikoon (polytheists) till they believe (in Allaah Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you. Those (Al-Mushrikoon) invite you to the Fire, but Allaah invites (you) to Paradise and forgiveness by His Leave, and makes His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) clear to mankind that they may remember"

[al-Baqarah 2:221]

"then if you ascertain that they are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them"

[al-Mumtahanah 60:10]

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The Muslims are unanimously agreed that a kaafir cannot inherit from a Muslim and a kaafir man cannot marry a Muslim woman. End quote from al-Fataawa al-Kubra (3/130)

Once again we refer to the matter of provision (rizq) – as marriage comes under the general heading of provision. One of the greatest means of attaining provision is obedience to Allaah, may He be exalted. It is strange that people try to attain provision by disobeying Allaah. This is more likely to close the door to provision; even if it is open, this will cause a person to get carried away (and he will end up in Hellfire) – we ask Allaah to keep us safe and sound.

There follows an important hadeeth which will increase us in faith and certain belief that provision comes through obedience to Allaah. The Prophet (peace and blessings of Allaah be upon him) said: "The Holy Spirit (Jibreel) has inspired to me that no soul will die until it has completed its appointed term and received its provision in full, so fear Allaah and do not be desperate in seeking provision, and no one of you should be tempted to seek provision by means of committing sin if it is slow in coming to him, for that which is with Allaah can only be attained by obeying Him." Narrated by Abu Na'eem in al-Hilyah; classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 2085.

Do not pay any attention to the looks and comments of others, for their words do not in fact cause any harm or benefit. Late marriage may be for a good purpose willed by Allaah; we do not know where goodness lies. So delegate your affairs to Allaah, may He be exalted, and spend your time in doing good deeds and expiating bad deeds, for the appointed time will soon come, the Day on which the victors will attain victory and the losers will incur loss.

"And whoever is removed away from the Fire and admitted to Paradise, he indeed is successful. The life of this world is only the enjoyment of deception (a deceiving thing)"

[Aal ‘Imraan 3:185]

How many married woman has Allaah blessed with children and wealth, but they will be driven to the Fire on that Day.

How many women do not attain wealth or find a husband, but they will be in the highest parts of Paradise.

Have faith, obey Allaah and remain chaste, for this world is transient and fleeting.

"Verily, the home of the Hereafter ___ that is the life indeed (i.e. the eternal life that will never end), if they but knew"

[al-‘Ankaboot 29:64]

May Allaah help us and you to obey Him and seek His pleasure.

And Allaah knows best.

 

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