Home | Writers | Fatwas | Media | Donate | Explore | About Us | Contact | Our Sheikh
Is It Permissible To Allow A Christian Wife To Practice Her Religion In The Home: It Is Not Permissible To Force One's Wife To Give Up Her Rights Before Divorcing Her

Islamic Rulings - Living Shariah Verdicts

Islamic Questions & Answers


I know that Allah (S) has permitted us to marry Christians and the Jews. Now, can she practice her religious rites in the same house and have pictures of the crucifiction of Jesus (A) and celebrate Thanksgiving, Christmas and etc. Can her kids join her? If no, would not it hurt her feelings? Please, answer me on this issue.

Praise be to Allaah.

It is not permissible for a Muslim to allow his wife from among the People of the Book to celebrate her festivals in his home, for the man is in charge of that woman and she does not have the right to openly celebrate her festivals in his home, because of the resulting effects of corruption, forbidden things and display of the symbols of kufr in his home. He should keep his children from taking part in those innovated festivals, because the children belong to the father and he should keep them away from these forbidden celebrations. At the same time he should direct them towards what will benefit them, even if that affects his relationship with his wife. The aims of sharee'ah and protecting one's religion which is one of the most important aims of sharee'ah take priority over everything else.

Imaam Ahmad ibn Hanbal was asked about a man who had a Christian wife could he let her go out to join in the Christian festivals or to go to the church? He said, no.

In al-Mughni (1/21), Ibn Qudaamah says: "(Treatment of women): If his wife is a dhimmiyyah [a Jew or Christian living under Islamic rule], he can prevent her from going to the church, because that is not an act of obedience to Allaah."

If these scholars said that the husband should stop a Christian wife from going to church, then what do you think is the case with regard to her celebrating these innovated festivals in the house of her Muslim husband? Especially when we know the harm that results from these festivals, which is far worse than her merely going to the church. And Allaah knows best.

Sheikh Muhammed Salih Al-Munajjid

It Is Not Permissible To Force One's Wife To Give Up Her Rights Before Divorcing Her

What is the ruling on forcing a wife to give up her rights before divorcing her?.

Praise be to Allaah.

It is not permissible for a husband to take anything of his wife's wealth unless she gives it willingly; that includes her mahr, except in a case where the wife has committed a blatant immoral action. Allaah says (interpretation of the meaning):

"but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm"

[al-Nisa' 4:4]

"and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse"

[al-Nisa' 4:19]

Ibn Qudaamah said:

The scholars are agreed that the husband may not take her wealth, except in the case of willful defiance and bad conduct on her part. Ibn al-Mundhir narrated that al-Nu'maan said: If the wrongdoing and mistreatment is on his the husband's part and she seeks divorce by means of khula', then it is permissible for him (to take the mahr), but he is sinning because of his bad conduct, and he should not be forced to return what he took.

Ibn al-Mundhir said: What he said goes against the apparent meaning of the Book of Allaah, and the proven reports from the Prophet (peace and blessings of Allaah be upon him), and the consensus of the scholars.

Al-Mughni, 3/137

Shaykh al-Islam Ibn Taymiyah said in Majmoo' al-Fataawa (32/283):

It is not permissible for a man to treat his wife harshly in order to make her give up part of the dowry, or to beat her for that purpose. But if she commits an blatant act of immorality then he has the right to treat her harshly in order to make her give up her mahr or some of it (so he can divorce her), and he may hit her. This is between the man and Allaah. The woman's family should investigate the matter and fid out who is in the right. If it is proven to them that she is the one who transgressed the sacred limits of Allaah and betrayed the husband, then she is a wrongdoer and transgressor, so she should give back the mahr (or part of it). End quote.

What is meant by the act of blatant immorality (or "open illegal sexual intercourse") mentioned in the verse (interpretation of the meaning):

"and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse"

[al-Nisa' 4:19]

is adultery and lack of chastity, and bad behaviour such as using foul language and offending her husband.

See Tafseer al-Sa'di, p. 242

And Allaah knows best.

 

  EsinIslam.Com

Add Comments

 
Home | Writers | Fatwas | Media | Donate | Explore | About Us | Contact | Our Sheikh
 


Comments & Debates :-: التعليقات والمحاورات





:-: Go Home :-: Go Top :-:













:-: Go Home :-: Go Top :-: