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
Islamic Questions & Answers
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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