Marriage & Divorce

QUESTION: What do the Ulamā of Islām say regarding the boundaries of husband and wife interaction during fasting? Is kissing the face, touching the body, kissing and sucking the lips and touching the private parts of the body appropriate during the fast?

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

  1. If there is the possibility of ejaculation or falling into intercourse, then kissing, hugging, or touching a certain part of the body of one’s spouse will be Makrūh (disliked). If there is no fear of ejaculation or falling into intercourse then there is no harm in kissing upon the face, hugging and touching the body. However, it is better to avoid doing so. However, a passionate kiss, i.e. pressing the lips with one’s own, sucking them and sucking the tongue is absolutely disliked and similarly the coming together of each other’s private parts.

It is mentioned in Radd al-Muhtār ‘ala Al-Durr al-Mukhtār: “(Kissing is disliked) and touching, hugging and the coming together of each other’s private parts, if one does not feel safe from annulment of the fast and if one feels safe from annulment then there is no harm. What is apparent is that avoidance of such things is most preferable.”

[Radd al-Muhtār Volume 3 page 454]

In Radd al-Muhtār it is stated: “The passionate kiss in which the husband presses [lit. chews] the lips of his wife is unrestrictedly disliked i.e. regardless of whether he feels safe or doesn’t. In an-Nahr the author stated ‘and similarly the coming together of the two private parts according to the apparent opinion in the Madhab’.”

[Radd al-Muhtār Volume 3 page 455]

It is also stated in Bahār e Sharī’at that to kiss, hug, or touch the body of one’s wife in the state of fasting is Makrūh when there is a fear of seminal discharge or falling into intercourse. Sucking the lips and tongue is unrestrictedly disliked during fasting and similarly the coming together of the two private parts.

[Bahār e Sharī’at Volume 1 Part 5 page 997]

If the husband touches his wife’s private parts with his hand, over her clothing, and the cloth is so thick that the heat of the body is not felt through it, then there is no problem in this.

It is mentioned in Bahār e Sharī’at that if a husband touched his wife over her clothes and the cloth is so thick that the warmth of the body is not felt then the fast is not invalidated even if he ejaculated.

[Bahār e Sharī’at Volume 1 Part 5 page 988]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Mawlana Ibrar Shafi

http://www.seekerspath.co.uk/question-bank/fasting/q-id0238-what-are-the-boundaries-of-interaction-between-husband-wife-whilst-fasting/

QUESTION: What do the scholars and muftis of the mighty Shari’ah say regarding this matter: me and my husband separated a year ago, I have three children, on the 27th of this Ramadān my husband said ‘I divorce you’, and yesterday he said ‘I divorce you’ twice. After issuing the divorce he was embarrassed, I know he gave the divorce whilst angry. Please inform me of the ruling regarding this.

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

According to the aforementioned statement, your husband issued one divorce to you first and two after, he said ‘I divorce you’ and he also accepts this, without doubt, final irrevocable divorce has taken place. The woman has become unlawful for the man, and without Halālah, she cannot become lawful for him. Upon my asking, your husband has also confirmed that he issued three divorces to his wife.

Anger does not prevent divorce from taking place, in fact, divorce is given in anger; according to my knowledge, there is no individual who has ever issued divorce whilst he was happy.

Allāh (Most High) states that:

“Then if she is divorced for the third time, then that women will not be lawful to him, until she lives with another husband, then if that second one divorces her, then there is no sin on them that they come together again, if they think that they will observe the limits of Allah.”

[Sūrah al-Baqarah, Verse 230]

My master A’lā Hazrat Imām Ahmad Razā Khān (May Allāh envelope him in mercy) states in Fatāwā Ridawiyyah, “And anger is a futile excuse, divorce usually takes place in anger.” In another place, he states, “Anger is not a preventer of divorce, in fact, divorce mostly takes place in a state of anger.”

[Fatāwā Ridawiyyah, Volume 12, pg366]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Zameer Ahmad

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0257-my-husband-said-i-divorce-you-three-times-in-anger-has-divorce-occurred/

QUESTION: I have been married 3 years. My mother and husband do not get along as a result of my mothers interference in our lives. I have followed my husbands wishes and stopped contact with my mother as a result. Am I doing the correct thing? As she is still my mother, I do not want to be a bad daughter but at the same time don’t want to be a bad wife. Please help me with an answer to my dilemma.

ANSWER:

All praises belong to Allāh, the Creator Most Sublime Who is Uncreated, the One without equal, the One Who begets not and nor is He begotten, the Independent above all that is falsely ascribed to Him, Who has blessed us with the bounty of Islām and decreed that we worship none but Him and be dutiful to our parents. Infinite salutations, peace and blessings be upon all the Messengers of Allāh, specifically the final Prophet, Our Master, Muhammad Mustafa ﷺ, upon his purified family, his esteemed companions, and whomsoever follows in his blessed footsteps until the last day.

Allāh Most Sublime has said in Surah al-‘Ankaboot:

وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ حُسْنًا ۖ

And upon man We ordained kindness towards parents.

[Kanzul Eemaan 29:8]

According to Hakeem ul Ummat Mufti Ahmad Yar Khan Naeemi (qaddas Allāhu sirrah ul-Aziz) as mentioned in Nūr ul ‘Irfān this verse was revealed regarding Sayyiduna Sa’ad bin Abi Waqqas (radiyaAllāh anhu). He was extremely obedient to his mother. When he accepted faith his mother told him to give up Islām or she would not eat and drink nor sit in a place of shade. “I will die due to hunger and thirst and you will be responsible for my death.” Saying this, she gave up eating and drinking and sat in the heat. She remained like this for twenty-four hours in which time she became very weak. At this the son said “Oh mother even if you possessed hundred lives and you were to sacrifice all, one by one, I will still not give up my faith” When his mother became totally despondent, she resumed eating and drinking. In this verse, Allāh, Most Sublime, commands that the children execute parental rights even if they are infidels.

If Allāh, Most Merciful, through His Infinite Mercy has NOT commanded us to sever ties with our parents on account of their infidelity then it is unfounded for a wife to cut ties with her mother on behest of her husband.

Rather Allāh, Most Sublime has said in Surat Al-’Isrā’:

وَقَضَىٰ رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا ۚ

And your Lord has ordained that you do not worship anyone except Him, and (that you) treat your parents with kindness.

[Kanzul Eemaan 17:23]

And Allāh, Most Sublime, has further commanded in Surat Luqmān 31:14:

وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ حَمَلَتْهُ أُمُّهُ وَهْنًا عَلَىٰ وَهْنٍ وَفِصَالُهُ فِي عَامَيْنِ أَنِ اشْكُرْ لِي وَلِوَالِدَيْكَ إِلَيَّ الْمَصِيرُ

And We ordained upon man concerning his parents; his mother bore him enduring weakness upon weakness, and his suckling is up to two years – therefore be thankful to Me and to your parents; finally towards Me is the return.

[Kanzul Eemaan 31:14]

Thus we see to maintain ties is a command of Allāh and in the hadith of the Prophet ﷺ we learn:

“There is no obedience for creation in any obedience which countenances disobedience to Allāh.”

It is necessary that you maintain ties with your mother and fulfil her rights albeit within limited spheres, irrespective of her disposition, this is something your husband must understand or be made to understand. Cutting ties cuts blessings.

And Allah knows best.

Answered by Ustaadh Asid Mahmood Shafait

Checked by Shaykh Naveed Jameel

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0272-am-i-wrong-for-cutting-ties-with-my-mother-on-the-behest-of-my-husband/

QUESTION: Salaam, could you please suggest some Islamic names for baby boys and girls? Nowadays many people name their children with names that have no meaning or because they sound ‘cool’. How important is a name? Whilst choosing a name, what should our thought process be and what are the things we should consider?

ANSWER:

Wa ‘alaykum al-salaam

All praises belong to Allāh, the Creator Most Sublime Who is Uncreated, the One without equal, the One Who begets not and nor is He begotten, and to Him belong the best of names. Infinite salutations, peace and blessings be upon all the Messengers of Allāh, specifically the final Prophet, Our Master, Muhammad Mustafa ﷺ, upon his purified family, his esteemed companions, and whomsoever follows in his blessed footsteps until the last day.

A name is not simply a label, it becomes the person’s identity. It is vital for parents to thoroughly consider what name they intend for their child as the name will potentially remain with the person through the duration of his/her existence in this world and also in the next.

To haphazardly select a name without due consideration or worse to name a child after misguided individuals is disliked.

The Prophet ﷺ said:

أَحَبُّ الأَسْمَاءِ إِلَى اللَّهِ عَزَّ وَجَلَّ عَبْدُ اللَّهِ وَعَبْدُ الرَّحْمَنِ

“The most beloved of names to Allāh are ‘Abdullah and ‘Abdur-Rahman.”

[Jami` at-Tirmidhi]

And further it is recommended to keep any name of Allāh Most High possessing the noun ‘abd’ (slave of) prior to it e.g. Abdul Ghafoor, Abdur Razaak etc.

The Prophet ﷺ has also said:

تَسَمَّوْا بِأَسْمَاءِ الأَنْبِيَاءِ

“Name yourselves with the names of the Prophets.”

[Al-Adab Al-Mufrad]

The Prophets are perfect beings without any defects selected by Allāh, Most High, for the guidance of man. Naming a child after one of the Prophets, all of whom are paragons of perfection, will increase the probability of that individual feeling closer to the religion of Islām as compared to if they had a non-religious name. It is also recommended to name the child after the great personalities, scholars and saints of Islām for the same reason of connection.

Know that names do have a psychological impact upon the individual’s mind-set, this has been highlighted in the hadith mentioned by the famous ta’bi, Sa`id bin Al-Musaiyab radiyaAllāhu anhu:

That when his grandfather, Hazn visited the Prophet ﷺ, the Prophet ﷺ said (to him), “What is your name?” He said, “My name is Hazn (roughness).” The Prophet ﷺ said, ” But you are Sahl (ease).” He said, “I will not change my name with which my father named me.” Ibn Al-Musaiyab radiyaAllāh anhu added: So we have had roughness (in character) ever since.”

As aforementioned, names do have a psychological impact upon the individual’s mind-set, however, culture and one’s environment will ultimately influence this mind-set in various ways, sometimes giving it a completely different direction to what is expected. And it is for this reason, one of the rights of the child, after a good name, is a good education.

And Allāh knows best.

Answered by Ustaadh Asid Mahmood Shafait

Checked by Shaykh Naveed Jameel

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0273-how-much-importance-is-given-to-a-childs-name-does-it-really-matter-what-we-name-them/

QUESTION: What do the Scholars of the mighty shari’ah say regarding this case; I am pregnant with a child and as soon as the child is born, my husband and I would like to give the child to my husband’s sister. She will breastfeed the child and make the child her own. In place of the child’s father, the sister’s husband’s name will be added and it will also be like this on the child’s birth certificate. Is this allowed in shari’ah? Questioner – Sister from England

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

Giving your child to your husband’s sister to adopt is allowed and her breastfeeding the child is also allowed. However in place of the child’s original father, using the sisters’ husband’s name and writing this on the birth certificate etc. is absolutely not allowed, haram and against the teachings of the Quran. As Allah Azzawajal states in the Qur’ān:

“Call them with their actual fathers’ names – this is more suitable with Allah”

[Surah Ahzāb, 5]

Removing the original fathers name from the birth certificate and writing the sister’s husband name is as though the child is being ascribed to someone other than the actual father; this is not allowed and deserving of the curse of Allah, the Angels and the whole of mankind.

As it is stated in the hadith – “Whosoever leaves his own father and ascribes himself to another, on this person is the curse of Allah Azzwajal, Angels and the whole of mankind; Allah Azzwajal will not accept his superogatory deeds nor his obligatory deeds.”

[Kanzul Amaal]

In the second hadith it is stated – “Whoever ascribes themselves to someone other than their own father; paradise is haram upon this person”

[Sahih ul Bukhari & Sunan Abi Dawood]

It is stated in Fatāwā Faiz al-Rasūl when this is the warning for someone who relates themselves to someone other than their own father; then more deserving of this warning is that person who ascribes someone else to a person other than that person’s own father.

[Fatāwā Faiz al-Rasūl Volume 2, Page 714]

Therefore you can give your child into your sister’s custody, however the certificate etc. should have the original fathers name written and the child should also be ascribed to the original father.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Hamza Hussain

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0303-i-will-pass-my-newborn-baby-to-my-sister-to-adopt-and-take-care-of-is-this-okay/

QUESTION: What do scholars of Islām say regarding the ruling of sharī’ah concerning the way in which adhān should be given in a baby’s ear and the tahnīk [practice of chewing a date and rubbing it softly on the roof of the mouth of a new-born child] given to the child, should it be performed straight after saying the adhān or after finishing from the formalities of the hospital. Is it necessary for the person performing the tahnīk to be pious? Can the parents perform it? Questioner: Rizwan from England

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

I have not come across anything mentioning the order between the adhān and tahnīk but I have read in one book that when Sayyidunā Husain (may Allāh be pleased with him) was born our Holy Prophet Muhammad صلی اللہ تعالیٰ علیہ واٰلہٖ وسلَّم recited adhān in his right ear and iqāmah in his left ear and gave tahnik to him by his blessed saliva. It is better to perform it in this way that first of all adhān be recited in the the baby’s ear so that first of all the light of tawhīd can be entered into the baby’s ear through the adhān. It is better to recite adhān 4 times in the right ear and iqāmah 3 times in the left ear and then tahnīk should be given. However, it is not necessary that tahnīk be performed directly after reciting adhān. The tahnīk can be given after getting finished from the formalities of the hospital but it is better that the first food given to the child should be that of tahnīk. It is better if a pious person or a scholar performs tahnīk to the baby and the child will receive the blessings of this, but a pious person or scholar is not compulsory for tahnīk. The tahnīk can be performed by the parents as well.

The adhān should be given after the child’s birth. As it is mentioned in Bahār e Sharī’at that when a child is born it is mustahabb (recommended) to recite adhān and iqāmah in the baby’s ear. Allāh Willing, calamities will be averted by this recital. It is better to recite adhān 4 times in the right ear and iqāmah 3 times in the left ear.

[Bahār e Sharī’at , part 15, pg153]

Our Holy Prophet Muhammad صلی اللہ تعالیٰ علیہ واٰلہٖ وسلَّم said that :”When a baby is born in someone’s house and and he recites adhān in his right ear and iqāmah in his left ear the illness of umm al Sibyān [epilepsy of children] will be averted from the child.

[Shu’ab ul Imān, hadīth 8619,part 6,pg 390]

It is better if a pious man or scholar performs tehneek as it is mentioned in Muslim Sharīf narrated by Sayyidah A’ishah رضی اللہ تعالٰی عنہا :

Children would be brought to The Holy Prophet Muhammad صلی اللہ تعالیٰ علیہ واٰلہٖ وسلَّم and he would supplicate for blessings for them and would perform tahnīk.

[Sahīh Muslim,hadīth 101, pg165]

The Holy Prophet Muhammad صلی اللہ تعالیٰ علیہ واٰلہٖ وسلَّم would chew something like a date and stick it to the roof of the mouth of the child so that in this way the first thing to enter the stomach of the child would be the blessed saliva of The Holy Prophet Hazrat Muhammad صلی اللہ تعالیٰ علیہ واٰلہٖ وسلَّم. There are other ahādīth which relate this same meaning based upon which it is the practice of the Muslims to seek to have tahnīk of their children performed by righteous and pious Muslims.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Mawlana Ibrar Shafi

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0308-when-should-tahneek-be-performed-on-a-newborn-child-and-can-it-be-performed-by-the-parents/

QUESTION: What do the scholars and muftis of the mighty Shari’ah say regarding the following matter: during the period of menstruation, what restrictions are there between husband and wife, and which physical interactions can they carry out? Questioner: Sister from England

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

It is harām to have sexual intercourse in the state of menstruation. To consider intercourse to be permissible in this state is kufr (disbelief), and if it is done whilst considering it harām, then it is a major sinner, repentance (tawbah) is obligatory upon such a person, and one should give charity for the acceptance of the taubah.

In the state of menstruation, it is not permissible for the man to touch the naked body of the woman from the naval to the knees, regardless of whether it is done with or without lust. If there is some cloth etc acting as a barrier which prevents the heat of the body being felt, then there is no harm. There is no harm in touching or gaining benefit from that which is below the knees or above the naval, and kissing is also permissible. Feeding one another and sleeping in one place are permissible, in fact, to not sleep together for this reason is makrūh (disliked). The woman can touch any part of the man’s body in this state.

Having intercourse with menstruating woman is harām, as Allāh (Most High) states:

“And they ask you about menstruation. Say, “It is harm, so keep away from wives during menstruation. And do not approach them until they are pure””

[Sūrah al-Baqarah, Verse 222]

To consider intercourse permissible in the state of menstruation is kufr, just as it is stated in Bahār-e-Sharī’at: “to consider intercourse permissible in this state [of menses] is kufr and if he did it [intercourse] whilst considering it harām, he is a major sinner, tawbah is obligatory upon him, if he did this at the beginning [of the menses], then it is mustahabb (recommended) to give one dīnār in charity (sadaqah) and if he did it towards it’s [menses] end, then half a dīnār”

[Bahār-e-Sharī’at, Volume 1, Part 2, pg 382]

In the state of menstruation, it is not permissible for the man to touch the naked body of a woman from the naval to the knees, just as it is stated in al-Durr al-Mukhtār: “It is not permissible to touch the naked body of a woman from the naval to the knees, even if it is without lust, and to touch or to seek enjoyment from what is above the naval or below the knees is permissible, even if there is no cloth etc. acting as a barrier”

[al-Durr al-Mukhtār wa Radd al-Muhtār, Kitāb al-Tahārah, Bāb al-Hayd]

To sleep separately from the woman due to menstruation is makrūh, just as ‘Allāmah Shāmī states; whilst giving reference to ‘Walwālijiyyah’ and ‘al-Sirāj’:

In the state of menstruation, the woman can touch any part of the man’s body; it is stated in Radd al-Muhtār: “other than the area between her naval and knees, the woman can touch any part of the man’s body with her own body, including his private organ”

[al-Durr al-Mukhtār wa Radd al-Muhtār, Kitāb al-Tahārah, Bāb al-Hayd]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Zameer Ahmad

http://www.seekerspath.co.uk/question-bank/purity/q-id0326-what-are-the-physical-restrictions-between-husband-wife-during-menstruation-hayz/

QUESTION: What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue: what is the Islamic method of proposing a woman for marriage? Can I directly propose to a woman asking her to marry me, or should I ask my parents to contact her parents? Is seeing a woman whom one wants to marry mentioned in the hadith? Also, highlight the errors in this regard prevalent in this age. Questioner: Abdullah, Manchester, UK

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

If a man wishes to marry a woman, it is better for him to ask his parents to contact the woman’s parents. If this is not possible, the man must convey the marriage proposal through someone reliable or through a message. This is known as khitbah in Arabic. It means, a marriage proposal sent to a woman.

Glancing once upon a woman whom one wishes to marry is mentioned in the hadith. It is narrated that Sayyiduna Mughirah b. Shu’bah (may Allah be pleased with him) once decided to marry a certain woman. The Prophet ﷺ said to him, “Glance at her as it will induce love between both of you.”

انْظُرْ إِلَيْهَا فَإِنَّهُ أَحْرَى أَنْ يُؤْدَمَ بَيْنَكُمَا

“Glance at her as it will induce love between both of you.”

[Sunan Tirmidhi, hadith #1087]

However, this does not permit the couple to book a hotel room, spend time together and share their views, roam together in a single car, have sittings over coffee or tea, have dinner meetings for several months, etc. Doing such sittings and meetings to fulfil one’s lowly desires is not permitted in the Pristine Shari’ah.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by the SeekersPath Team

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0334-should-i-propose-directly-a-woman-for-marriage-or-ask-my-parents-to-ask-her-parents/

QUESTION: What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue: if our parents force us to marry someone whom we do not wish to marry, can they conduct our nikah forcefully? Is it permissible for us to marry someone by our choice even if our decision to do so goes against that of our parents? Questioner: Jabbar from UK

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

Parents cannot marry off their adult male and female children without their consent. If the parents try to marry off their children without their consent, then the nikah is dependent on the latter’s decision. If the children agree to it, the nikah is valid, and if they reject it, the nikah is invalid.

It is mentioned in al-Fatawa al-Hindiyyah,

لَا يَجُوزُ نِكَاحُ أَحَدٍ عَلَى بَالِغَةٍ صَحِيحَةِ الْعَقْلِ مِنْ أَبٍ أَوْ سُلْطَانٍ بِغَيْرِ إذْنِهَا بِكْرًا كَانَتْ أَوْ ثَيِّبًا فَإِنْ فَعَلَ ذَلِكَ فَالنِّكَاحُ مَوْقُوفٌ عَلَى إجَازَتِهَا فَإِنْ أَجَازَتْهُ؛ جَازَ، وَإِنْ رَدَّتْهُ بَطَلَ

“Nobody can conduct the nikah of a sane and mature woman without her permission, not even her father or the Islamic ruler. Be she a virgin or not. If someone tries to marry her off without her consent, then the nikah is dependent on her decision. If she agrees to it, the nikah is valid, and if she rejects it, the nikah is invalid.”

[al-Fatawa al-Hindiyyah, vol. 1, pg. 287]

Bahar-e Shari’at mentions the ruling regarding both a man and a woman as follows: “Nobody can conduct the nikah of a sane and mature woman without her permission, not even her father or the Islamic ruler. Be she a virgin or not. Similarly, nobody can conduct the nikah of a free mature man or male and female slaves liberated though bond, without their consent.”

[Bahar-e Shari’at, vol. 2, part 7, pg. 47]

Adult males and females have permission to marry whom they wish to. If it is done with the willingness of parents, then it has blessings and mercies in it. Thus, we must not make decisions that go against those of our parents.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by the SeekersPath Team

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0337-what-does-islam-say-about-forced-marriages-are-such-nikahs-valid/

QUESTION: What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue: what does Islam say about abortion? If the foetus was formed as a result of rape, and the family does not agree to the birth of the child, then can it be aborted? Questioner: Tayyib from Blackburn, UK

ANSWER:

بسم اللہ الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

A foetus gets life when it is nearly four months old. Therefore, Islam considers the abortion of a foetus, which is older than four months, to be murder and haram (prohibited). What is the crime of the child if rape happened, that it should be killed for it? If the foetus is four-month-old, then it should not be aborted, even if the entire family does not agree to the birth of the child. Aborting the foetus would be considered murder and Allah ﷻ states regarding murder,

وَمَنۡ یَّقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَآؤُہٗ جَہَنَّمُ خَالِدًا فِیۡہَا وَغَضِبَ اللہُ عَلَیۡہِ وَلَعَنَہٗ وَاَعَدَّ لَہٗ عَذَابًا عَظِیۡمًا

“If anyone kills a believer deliberately, the punishment for him is Hell, and there he will remain: Allah is angry with him, and rejects him, and has prepared a tremendous torment for him.”

[Surah al-Nisa’, 93]

Moreover, Allah ﷻ says that killing one person is similar to killing the entire mankind. He ﷻ stated in the Noble Qur’an,

مَنۡ قَتَلَ نَفْسًۢا بِغَیۡرِ نَفْسٍ اَوْ فَسَادٍ فِی الۡاَرْضِ فَکَاَنَّمَا قَتَلَ النَّاسَ جَمِیۡعًا ؕ وَمَنْ اَحْیَاہَا فَکَاَنَّمَاۤ اَحْیَا النَّاسَ جَمِیۡعًا

“If anyone kills a person— unless in retribution for murder or spreading corruption in the land— it is as if he kills all mankind, while if any saves a life it is as if he saves the lives of all mankind.”

[Surah al-Ma’idah, 32]

It is haram to abort a foetus which is four-month-old because it has life in it. Aborting a foetus which is of lesser than four months is permissible if done out of necessity.

It is mentioned in Fatawa Fayd al-Rasul, “A four-month-old foetus has life in it. Aborting it is haram. The one who does so is a murderer. If the foetus is aborted before it turns four-month-old, then there is no problem in doing so, if done out of necessity.”

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم

کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by the SeekersPath Team

http://www.seekerspath.co.uk/question-bank/marriage-divorce/q-id0353-what-is-the-islamic-ruling-on-abortion-due-to-rape/