Category Archives: Marriage

Marriage To One Who Commits Forbidden Sexual Intercourse: Sheikh Muhammad Ibn Saeed Raslaan

بسم الله الرحمن الرحيم

It is not permissible for a man to marry a woman that commits forbidden sexual intercourse, nor is it permitted for a woman to marry a man that does such, unless there occurs from both parties sincere repentance. The proof indicating this is the fact that Allah made chastity a condition found within all parties before the marriage. Just as He the exalted says:

اليومَ أُحلَّ لكم الطيبات و طعام الذين أُوتُو الكتاب حلٌّ لكم و طعامكم حلٌّ لهم و المحصنات من المؤمنات والمحصنات من الذين أُوتو الكتاب من قبلكم إذا ءَاتيتموهن أجورهن محصنين غير مسافحين و لا متخذي أحْدان

“This day the pure things have been made lawful for you. The people of the book’s food is lawful for you and yours is lawful for them. Likewise the chaste women from the believers and the chaste women from those given scripture before you when you give their bridal money (that being from) men desiring chastity, not committers of unlawful sex nor taking them as girlfriends…” [Al-Maa’idah: 5]

Also that which comes in His statement:

الزاني لا يَنْكِحُ إلاَّ زانيةً أو مشركة و الزانية لا يَنكحها إلاَّ زانٍ أو مشرك و حُرِمَ ذلك على المؤمنين

“The fornicator-adulterer does not marry except a fornicatress-adulteress or a idol worshiping woman. The fornicatress-adulteress no one marries her except a fornicator-adulterer, as the believers are forbidden from such. “[An-Nur: 3]

Allah forbade this. Prohibit upon the believing men is marriage to women that commit fornication and or adultery, as Allah orders chastity, and seeking the chaste woman and man. Thus forbidden upon the believer is marriage to whomever is described with committing prohibited sexual relations (fornication/adultery), or polytheism, because no one does that except a fornicator or polytheist, just as Allah Lord of the existence states.

As a result of this, you become aware that the affair, pertaining to the youth safeguarding their youthfulness, is tremendous. That is by him not involving himself in fornication, and the committing of immoral acts, likewise the young woman and the safeguarding of her youthful innocence. If this is the case, then it is a tremendous affair and a honorable gift.

Also the safeguarding of the woman after marriage, like we’ll see shortly. As Imam Ahmad held the opinion that if a woman committed adultery, while she has a husband, separation becomes binding. This affair will come shortly if Allah wills.

Imam Ahmad and Abu Dawud reported, with an authentic chain of transmission, upon the authority of Abu Huraira that Allah’s Messenger -sallahu alayhi wa sallam- said, “The whipped fornicator does not marry except one like him.” This narration is authentic.

The whipped fornicator: He who the Islamic punishment has been incurred upon.

Imam Ash-Shawkani said: “This description is commonly absent, pertaining to those that openly commit fornication and or adultery. In it is proof supporting the prohibition of a man marrying whomever openly commits forbidden sexual relations, likewise a woman marrying a man that does such. The previously mentioned verse alludes to this due to its last part, -and that is forbidden  for the believers.- Thus it is explicit as it relates to its prohibition.”   

It has not been made conditional that the Islamic penal punishment be inflicted upon him. On the contrary if he is known to commit prohibited sexual conduct, at this point it is prohibited for the believer to marry him off (to a believing woman). In addition if a woman is known to commit prohibit sexual relations, it is forbidden for a believer to marry her. This is the view of Qataadah, Ishaq, Ibn Ubayd, Ahmad, and Ibn Taymiyyah.

Translated by Najeeb ibn Yusuf Al Anjelesi

Source: المحرمات من النساء


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Injustice Concerning Division Between Wives: Sheikh Saalih Alish Sheikh

بسم الله الرحمن الرحيم

Division is of two types:

  1. Financial.
  2. Physical.

Physically is to give her a night similar to what is given to her sister wife. To each is due equity (in that regard) and injustice is forbidden. Therefore physical division is obligatory, as the Exalted says:

و لا يَجْرِمنَّكم شنآن قومٍ على ألاَّ تَعْدِلُوا اعْدلُوا هو أقرَبُ للتقوى

…and do not allow enmity towards others cause you to be unjust. Be just! that is closer to piety…”  [Al Maa’idah: 8]

Likewise the narration of Anas where he said: “From the Sunnah is that whenever a man marries a virgin (while being married; meaning he takes a second wife) he spends seven days with her, then he divides (the days between both wives). If he marries a woman who had previously been married, he spends three days with her, then divides.” Collected by Al Bukhari.

Therefore, whoever is inequitable has sinned, due to what Ahmad and the compilers of the sunan reported with an authentic chain of transmission, wherein the Prophet -sallahu alayhi wa salaam- said, “whoever has two wives and he leans towards one over the other, he will come on the Day Of Resurrection and one half of him will be leaning.” Equity in wealth is also obligatory and injustice therein is not permissible.

Translated by Najeeb Ibn Yusuf Al Anjelesi

Source: المنظار في بيان كثير من الأخطاء الشائة 

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The Guardianship Of A Sinner: Sheikh Ubayd Al Jaabiri

بسم الله الرحمن الرحيم

Q: The guardian of a woman is about to conclude a marriage contract (giving her away in marriage) however sometimes he prays and at times he abandons it, even though he affirms its obligation, others to whom which the authority can shift to after him, some among them don’t pray at all, and others are unable to attend, so is the marriage contract valid if the first person (mentioned) is the guardian?

A: Yes, this individual is a sinner among the sinful based on the statement of the majority of scholars and it is the more sound position with me. This individual is a sinner among the sinful, however his guardianship is legitimate and the marriage contract is valid.

Translated by Najeeb Al Anjelesi


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Abandoning Genuine Concern For What The Legislation Encourages From Marrying Daughters To People Of Good Character And Religion: Shaykh Salih Alish-Shaykh

بسم الرحمن الرحيم

Allah says:

وأنكحوا الأيامى منكم و الصالحين من عبادكم و إمائكم إن يكونوا فقراء يغنيهم الله من فضله

“And marry the single among you (men and women with no lawful spouses regardless if they were married previously or not), and the upright from your (male) servants and maid servants. If they be poor Allah will enrich them from His Bounties..”  [An-Nur: 32]

It was narrated that the Prophet said, “If someone comes to you (for the purpose of marrying your daughter or women under your care) he whose religion and character are pleasing to you, marry him! if you do not there will be tribulations throughout the earth and widespread corruption.” Collected by Tirmidhi and others upon the authority of Abu Hatim Al Muzani and Abu Hurairah. The chains of transmission (standing by themselves) are weak, however (the hadith) is strengthen by the gathering of all of them, thus it (is graded) good by reliance upon other than it (by other than one chain of transmission).

Translated by Najeeb Al Anjelesi

Source:  المنظار في بيان كثير من الأخطاء الشائعة

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