Will Women Have “Companions” in Paradise ?

Will Women Have “Companions” in Paradise ?

Question
Dear Sheikh! We always hear that men will have Hoor Al-`Een in Paradise. What about women? Will they have their own Hoor Al-`Een or what?

Answer
In the Name of Allah, Most Gracious, Most Merciful.

All thanks and praise are due to Allah and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for your good question and we implore Almighty Allah for His help in furnishing you with the best answer.

In the very beginning, we would like to cite Ibn Kathir’s comment on the issue of men having Hoor Al-`Een. It reads:“ Almighty Allah tells us that He will provide the residents of Paradise with beautiful wives who have big and lustrous eyes and 'whom no man or Jinn before them has touched' and who are 'Like unto rubies and coral'”.

In fact, Paradise is the abode of the believers in the Hereafter. Allah has prepared for His believing servants, males and females, in Paradise indescribable bliss that which no eye has seen, no ear has heard of and that has never ever crossed the minds of people, to the extent that even the person who has the least blessings in Paradise will think that he is the most blessed one.

In more than one Qur'anic verse, Allah, Most High, calls upon His servants to do their utmost in order to be favored with Paradise. For example, He says, "And vie one with another for forgiveness from your Lord, and for a Paradise as wide as are the heavens and the earth, prepared for those who ward off (evil)." (Al `Imran: 133)

All this indicates that in Paradise believing men and women will be showered with blessings; there is no room for discrimination based on gender in Paradise.

Focusing more on this issue, Sheikh `Atiyyah Saqr, former Head of Al-Azhar Fatwa Committee, adds:

“Here Allah mentions the Hoor Al`Een because in most cases men pursue women and not vice versa. As for women, Allah Almighty may marry them to any of the believers in Paradise, if they did not get married during worldly life, or He may compensate them by making them feel content with their position. It is also said that Allah may grant women some kind of beauty with which they will feel that they are better than the Hoor Al-`Een and that they are their mistress, so they will not love anyone other than their own husbands nor will they feel jealous of the Hoor Al-`Een.”
Allah Almighty knows best.

Marriage Without Witnesses and a Guardian: Valid?

Marriage Without Witnesses and a Guardian: Valid ?

Question
I got acquainted with a foreign lady who embraced Islam and because it was impossible for us to meet in our own country to marry, I traveled to another country to meet her. In that country we, to our surprise, discovered that it was impossible to contract our marriage due to legal reasons. We were told that we could marry ourselves and take Allah as a witness to our marriage. Her family and mine know about our marriage, for I had requested her hand in marriage from her mother who subsequently consented. Thus, we married without a guardian or witnesses, thinking that it was correct, and lived as husband and wife. What is the ruling on what we have done?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thanks for your question and may Allah reward you abundantly for your interest in knowing the teachings of Islam. For marriage in Islam to be valid, it must be done not as a secret affair but as a public event with witnesses and the permission of the guardian, the payment of the mahr, as well as publicizing the relationship which is known as ishhar. The purpose of announcing marriage is to clear all doubts or suspicion about the relationship of the couple. That is why the Prophet (peace and blessings be upon him) is reported to have ordered his companions saying: “Publicize the marriage.” This is being done so that people do not raise questions about this relation. Responding to the question, the European Council for Fatwa and Research, states the following:

The contract in the way the enquirer has described in the question is invalid because it lacks the Shari`ah (legal) conditions. It was made without a guardian or witnesses, and none of the followed imams has validated a contract of this type. The Hanifis and those who share their opinion, who do not stipulate the guardian, claiming that a Muslim woman can marry herself, stipulate the necessity of present witnesses. Those who do not stipulate the necessity of witnesses to the contract stipulate it before the consummation, which is the view of the Malikis who stipulate that the contract should be made in the presence of the legal guardian of the Muslim woman, and in case he is not available because of his death or due to him being legally unqualified (because he is not a Muslim), the guardianship is transferred to one of the other Muslims present. Therefore, you have to stop indulging in sexual relationship till you make a new contract at the presence of Muslim witnesses and the guardian of the woman if available. And if he is not available it will be enough for her to authorize one of the Muslims to marry her to you. As for the sexual relationship you practiced before this ruling, you must ask Allah's forgiveness for it.

Conditions of Valid Marriage

Conditions of Valid Marriage

Question
Dear scholars, As-Salamu `alaykum. If I do not have the money to afford an official wedding yet, can I just get married Islamically at first? Do I need the permission of an imam, or do I simply need two witnesses? Jazakum Allah khayran.

Answer
Wa`alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.Dear brother in Islam, we are really pleased to have your question and to have the chance to convey some of the teachings of our religion to our Muslim brothers and sisters. We hope these humble efforts meet the great expectations of yours.In Islam, the marriage of a man and a woman is not just a financial and physical arrangement of living together but a sacred contract, a gift of Allah, to lead a happy, enjoyable life and continue the lineage. The main goal of marriage in Islam is the realization of tranquility and compassion between the spouses.If by “official wedding” you mean a grand feast, this is not necessary to make the marriage valid. The contract can be solemnized by someone who has been authorized to perform marriages (a judge or imam, etc.) and witnessed by two or more adult Muslims. If one cannot afford a large banquet, the wedding can be celebrated by a simple meal for a small number of relatives and friends.Answering your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Marriage in Islam is essentially a social contract, and so long as it is contracted conforming to the stated requirements, it shall be deemed valid. The presence of an Imam at the function is not at all one of the stated requirements, but the marriage should be solemnized by someone who has been authorized to perform marriages.The stated requirements of marriage in Islam are as follow: Full consent of both partners to the marriage, expressing the above consent through ijab (offer) and qabul (acceptance), finally the presence of two reliable witnesses. Apart from the above, in the case of females, their guardian’s consent has been considered essential for the validity of marriage according to the majority of imams and scholars. Imam Abu Hanifah, however, is of the view that a mature woman is fully capable of contracting her own marriage. Thus in his view, marriages finalized without guardian’s consent shall be considered as valid so long the woman has chosen someone who is considered as compatible.Furthermore, scholars are also in general agreement to the fact that marriages should not remain a secret affair; rather they should be publicized. Another important integral of marriage is the bridal gift; although it is not essential to stipulate it in the marriage contract, nevertheless it must be paid either before consummation of marriage or after.Now coming to the issue of contracting marriages in a society where Islamic laws are not enforced or recognized, it is also highly crucial to get the legal papers before marriage contract; for legal purposes, the marriage must be solemnized by someone who has been authorized by the law of the land to perform marriage. In the absence of such legalization, there is no guarantee of legal protection for anyone in the event of a dispute.Although some people may consider legalization as being not so crucial, I would, however, insist that it is quite crucial and essential; it is not advisable for anyone to get married without legal papers. This fact can be emphasized by referring to the fact that marriage is primarily a social contract and as such we should do so in conformity with the laws of the land we live so that such a contract can be legally enforced.Apart from this, Islam teaches us to do what we do as efficiently, methodically and professionally as we can. The Prophet (peace and blessings be upon him) said, “Allah loves you to do your work as best as you can.”In conclusion, you should insist on getting the marriage done by obtaining the legal papers, and getting it solemnized by an Imam or a person who has been authorized to do so. So long as the marriage is done by fulfilling the above requirements, it shall be considered as valid. All other things such as arranging a grand wedding or throwing a big feast, etc. are all non-essentials as far as the validity of the marriage is concerned.May Allah guide our steps in all our affairs and help us to remain steadfast on what is true and right, Ameen!

Getting Married without a Written Contract

Getting Married without a Written Contract

Question
As-Salamu `alaykum. I would like to ask if getting married without having a written contract done is Islamic. I have read that during the Prophet's (PBUH) era, marriage contracts did not exist. Is this true?

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. It is noteworthy that Islam pays great attention to marriage, taking all measures to protect the family life and relations between the spouses against any suspicion or difficulty that may arise in the future. Like all contracts, the Shari`ah demands witnesses for the marriage contract and it lays stress on announcement so as to protect the spouses against suspicion from the society and protect each partner rights for likely future disputes. In line with the aims of Shari`ah the registration of marriage in non-Muslim countries is of paramount significance in protecting the rights of the spouses. In his response to the question in point, the eminent Muslim scholar, Sheikh Muhammad Al-Hanooti, member of the North American Fiqh Council, states: "Contracts at the time of the Prophet (peace and blessings be upon him) could be done orally. To be in writing is what the Qur'an recommends: "O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him fear his Lord conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knoweth all that ye do." (Al-Baqarah: 282:83) A contract in writing is not necessary then, but guaranteeing the rights of people is necessary. Since marriage is a civil contract, it is similar to any deal or transaction. In modern administrations, they want transactions and deals to be documented. If not, they are not protected. A marriage in this society, if not certified with a marriage certificate, it is not legal or lawful. The woman could lose anything of her rights if the marriage is not registered in the city hall or the county. I'd like you to answer these questions: Can you buy a car from a friend without a title? Can you buy a house without a deed? You will say to me, "no." So why don't you implement this "no" for the marriage that is not documented in writing?" Elaborating on the significance of documenting marriage contracts, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states: "Some Muslims in the US and Canada say that in Islamic marriage paper work is not necessary. They also say that they only care for what is Halal and want to marry according to the Shari`ah, they do not care whether the marriage is legally recognized here or not. However, there are some cases where Muslim women have greatly suffered, due to these unregistered marriages. Some Muslim men marry without any legal papers and then leave their wives. These women do not know what to do and how to get divorce from their husbands who abandon them. Upon resorting to the US and Canadian courts they are told that according to the local laws they are not considered married. These women have nothing to prove their marriage and the courts have no marriage record of these women. Even the local Islamic centers in the US and Canada are unable to help them, because the laws in these lands do not give the right of divorce to anyone except to the local superior courts. It is important for Muslim men and women to have their marriages and divorces properly documented. Islam teaches fairness and justice in all cases." Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, adds: "As for the issue of contracting marriages in a society where Islamic laws are not enforced or recognized, it is also highly crucial to get the legal papers before marriage contract; for legal purposes, the marriage must be solemnized by someone who has been authorized by the law of the land to perform marriage. In the absence of such legalization, there is no guarantee of legal protection for anyone in the event of a dispute. Although some people may consider legalization as being not so crucial, I would, however, insist that it is quite crucial and essential; it is not advisable for anyone to get married without legal papers. This fact can be emphasized by referring to the fact that marriage is primarily a social contract and as such we should do so in conformity with the laws of the land we live so that such a contract can be legally enforced. Apart from this, Islam teaches us to do what we do as efficiently, methodically and professionally as we can. The Prophet (peace and blessings be upon him) said, “Allah loves you to do your work as best as you can.”"

Marriage in Secret

Marriage in Secret

Question
As-Salamu `alaykum. A Muslim brother and I wanted to get married in the future and we used to talk. However, we didn’t have the resources to marry at that time, but didn’t want to do what was prohibited in Islam and considered dating. So we decided to have nikah just for ourselves and for Allah, and it made us feel better. However, we haven’t told anyone, as it was just for ourselves as we cannot live together yet, and it was basically for us. What is your view on that?

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

First of all, it should be clear that marriage in Islam is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. To be valid, a marriage has to meet certain requirements such as ishhar (announcement), the payment of the dower, the consent of both parties, the permission of the wali (woman’s guardian), and the presence of witnesses. Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
It is not clear from your question what you mean by “making a nikah just for both of you” and not for others. In Islam, nikah or marriage must conform to certain minimum standards and requirements to be valid and acceptable; without these, it is considered neither valid nor acceptable, for it is then hardly distinguishable from fornication or illicit relations. The minimum conditions for the validity of nikah are the following: The consent of the guardian of the woman, presence of witnesses, offering and acceptance, and finally mahr (dower). Once the above conditions have been fulfilled, the marriage will be deemed as valid; but if these conditions are not fulfilled, then it will be considered as being null and void. As far as the consent of guardian is concerned, it can only be dispensed with if the guardian is simply refusing to give consent for considerations other than Islamic, in which case the judge can authorize the marriage after having followed the due process. If, on the other hand, such is not the case and no attempt was made to ascertain the consent of the guardian, then such a marriage would be considered invalid and, therefore, unacceptable in Islam. The Prophet (peace and blessings be upon him) said, “There is no (valid) marriage without a guardian and two reliable witnesses.” By stipulating the above-mentioned conditions for the validity of marriage, Islam insists that a marriage should remain distinct from other loose and immoral lifestyles such as fornication and illicit affairs. Hence, the Prophet insisted on making marriages public. Based on what has been stated above, the concept of a marriage “just for both of you or for Allah” is not tolerated in Islam. Society has a share in marriage in the sense that people should know that both of you are married so that they do not suspect you of maintaining an illicit relationship. According to the teachings of Islam, we are under obligation to do whatever we can to safeguard our religion, honor, and dignity; and as such we should stay away not only from that which is considered as strictly haram or forbidden but also from all that is doubtful and dubious. The Prophet (peace and blessings be him) said, “Whosoever shuns what is doubtful he has protected his religion and honor; but whosoever commits what is doubtful, he may inadvertently fall into haram!”

The Philosophy of Marriage in Islam

The Philosophy of Marriage in Islam

Question
I have noticed that there is a trend inviting young people to refrain from marriage via numerous methods, including intimidating them as regards the responsibilities they are to shoulder as well as casting doubt over the institution of marriage itself. Is there a way to refute these allegations?

Answer

In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for your very interesting question and the great confidence you place in us. We implore Allah Almighty to help us serve His cause and render our work for His Sake.

Marriage in Islam is intended to cater to multiple purposes which include, above all, spiritual tranquility and peace, and cooperation and partnership in fulfilling the divine mandate. Islam – being a natural way of life – takes into account all of genuine human instincts such as physical, spiritual, intellectual, emotional, et cetera.

Although fulfilling one's physical needs in a decent manner is one of the main purposes of marriage, it is not the sole one. According to the clear statement of the Qur’an, tranquility and peace through a successful union is considered the primary objective of marriage: (Among His signs is that He created for you spouses of your own kind in order that you may repose to them in tranquility and He instilled in your hearts love and affection for one another; verily, in these are signs for those who reflect (on the nature of the reality).) (Ar-Rum 30: 21).

In another place, Allah refers to the relationship between males and females in terms of partnership for achieving goodness and fulfilling the divine mandate for their lives. (The believers, males and females, are partners of one another; they shall jointly enjoin all that is good and counsel against all that is evil.) (At-Tawbah 9: 71)Responding to the question in point, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:
Just as Islam aims at rearing a righteous individual, being the cornerstone in the social structure of the nation, it also seeks to establish a sound family, the prime and essential factor in building a good society. It is never disputed that marriage – that unites a man and a woman in solemn matrimony – is the foundation that gives rise to the family. There is no way a real or proper family could ever exist out of wedlock, the way that has been legislated by Allah, Exalted be He.

Perverted ideas opposing the institution of marriage:

Throughout the ages, humanity has come to learn of ideas and trends that oppose the idea of marriage. In Persia (now Iran), before the advent of Islam, there emerged Mani’s philosophy, which claimed that the world abounds in evil, that it should be exterminated and that prohibiting marriage is the fastest way to effect this goal.

Under the banner of Christianity appeared extreme monasticism that denounces life, calls to getting incarcerated in monasteries and prohibiting marriage, because woman, they held, is a cause of temptation and a devil incarnate. Venturing near her is in itself a sin that corrupts a soul and alienates one from Heaven.

In modern times, there exist in the West pessimists who totally condemned woman, describing her as a serpent, with a soft touch but deadly venom. They further claim that marriage offers her the golden opportunity to place man under her thumb and shackle him with responsibilities. So why should man, out of his own free will, choose to place those chains around his neck though he was born free?

Unfortunately, some of our contemporary Muslim youth have been fallen prey to those perverted ideas, and thereupon decided to refrain from marriage that entails endless responsibilities, obligations and restrictions. They, on the other hand, wish to live their entire lives as children shouldering no responsibilities. If overcome by desire or the call of their instincts, vicious adultery will certainly quench their thirst in lieu of lawful marriage.

The objectives of marriage in Islam:

a) According to the divine laws and norms, nothing can ever perform its duty single-handedly. Allah meant everything to be in need of another of its kind, so that one would complement the other. In the field of electricity, positive and negative poles need to be in contact so as to induce an electric current, which in turn, yields light, heat, motion, etc. Likewise, electrons and protons should be in contact inside an atom. In plants, pollen grain carrying male gametes fertilize a flower's stigma to produce more plants, fruits and seeds. Male and female animals have to be in contact in order to reproduce. The Glorious Qur’an highlights this universal law in the following two verses: (And all things We have created by pairs, that haply ye may reflect.) (Adh-Dhariyat 51: 49) (Glory be to Him Who created all the sexual pairs, of that which the earth groweth, and of themselves, and of that which they know not.) (Ya-Sin 36: 36) In response to this law, Allah, Exalted be He, has legislated a sublime tradition for a man and a woman to be united in such a way as befits the lofty status of human beings, namely through marriage.

Allah, Exalted be He, has inculcated in a man's heart a longing for a woman, and in a woman's heart a longing for a man. Each of them is driven by a far more exigent need than hunger or thirst. Each of them senses a definite emptiness in his or her life that can only be filled with their union, according to the divine laws, namely via marriage. Only then does stability replace confusion and reassurance does replace anxiety. Each of them finds in the other serenity, love and mercy that light their lives and enrich their souls. The following is one of Allah's glaring signs in our universe, which the Glorious Qur'an points to: (Among His signs is that He created for you spouses of your own kind in order that you may repose to them in tranquility and He instilled in your hearts love and affection for one another; verily, in these are signs for those who reflect (on the nature of the reality).) (Ar-Rum 30: 21)

b) Reproduction is the natural outcome of marriage. It serves to prolong man's existence, thanks to the pious progeny that succeeds him. This is thus one of Allah's bounties which He grants man saying, (And Allah hath given you wives of your own kind, and hath given you, from your wives, sons and grandsons, and hath made provision of good things for you. Is it then in vanity that they believe and in the grace of Allah that they disbelieve?) (An-Nahl 16: 72)

It is also for this reason that Prophet Zakariyyah (Zachariah, peace be upon him) supplicated to Allah saying: (And Zachariah, when he cried unto his Lord: My Lord! Leave me not childless, though Thou art the best of inheritors,) (Al-Anbiya’ 21: 89) and (Lo! I fear my kinsfolk after me, since my wife is barren. Oh, give me from Thy presence a successor‏. Who shall inherit of me and inherit (also) of the house of Jacob. And make him, my Lord, acceptable (unto Thee).) (Maryam 19: 5-6) Similarly, Ibrahim (Abraham), the father of the Prophets (peace be upon him), prayed to Allah saying: (My Lord! Vouchsafe me of the righteous.‏ So We gave him tidings of a gentle son.) (As-Saffat 37: 100-101) and (Praise be to Allah Who hath given me, in my old age, Ishmael and Isaac! Lo! My Lord is indeed the Nearer of Prayer.) (Ibrahim 14: 29) The Glorious Qur'an describes the servants of Allah, the Most Gracious, as such: (And who say: Our Lord! Vouchsafe us comfort of our wives and of our offspring.) (Al-Furqan 25: 74)

It is due to reproduction that the nation grows and multiplies, makes use of its potential and manages to combat its enemies. Few would suspect the fact that multitudes and masses of people are to be reckoned with when considering world power. Allah narrates what Prophet Shu`ayb (peace be upon him) told his people saying, (And remember, when ye were but few, how He did multiply you.) (Al-A`raf 7: 86) Further, Prophet Muhammad (peace and blessings be upon him) says, "Get married (and reproduce) for I will boast of your large numbers in front of other nations (on Judgment Day) and do not lapse into Christians’ monasticism.” (Reported by al-Bayhaqi on the authority of Abu Umamah, and it is mentioned in al-Jami` as-Sahih)

Reproduction serves to preserve the entire human species all around the globe until the point when life comes to an end. Allah, Exalted be He, says, (O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women.) (An-Nisa’ 4: 1) and (O mankind! Lo! We have created you male and female, and have made `you nations and tribes that ye may know one another.) (Al-Hujurat 49: 13)

c) Marriage consummates one’s faith, spares one looking at other women, enables one to preserve his chastity and offers one a lawful means to satisfy his sexual desire. Adultery is, therefore, no longer an option. That is why the Prophet (peace and blessings be upon him) spoke of marriage saying, "It spares one looking at what one should not, or lapsing in adultery." He (peace and blessings be upon him) also said, "If Allah grants a Muslim a righteous wife, this helps him preserve half of his religion (faith). He should, therefore, fear Allah as regards the other half." (Reported by At-Tabarani and Al-Hakim, and Al-Mundhri states in At-Targhib that it is an authentic hadith with a good chain of narrators)

d) Not only does marriage help a Muslim preserve his faith, it is also the indispensable pillar of worldly happiness which Islam encourages its followers to enjoy so that nothing would distract them from the ultimate goal of uplifting their souls and attaining high degrees of spirituality. Imam Muslim reports that the Prophet (peace and blessings be upon him) said, "The whole world is pleasure, and the best pleasure of the world is the righteous woman.” ‏The Prophet (peace and blessings be upon him) is also reported to have said: "Four things bring one joy: a righteous wife, a spacious house, a pious neighbor and a comfortable riding animal." (Reported by Al-Hakim, Abu-Nu`aym and Al-Bayhaqi)

e) Marriage is the sole means of establishing a family, the nucleus of society. No respectable human society could ever exist, if not based on the family. Shaded by the close relations of motherhood, fatherhood as well as parent-child and siblings relations, warm feelings of love, altruism, mercy, care and cooperation are instilled in a Muslim.

f) Social relations are bolstered with the aid of marriage, whereby scope of family expands including his in-laws and his children’s aunts and uncles. That way feelings of amity, love and social closeness extend to include more and more people. Allah meant relations by marriage to be just as strong as kinship relations. Allah, Exalted be He, says, (And He it is Who hath created man from water, and hath appointed for him kindred by blood and kindred by marriage; for thy Lord is ever Powerful.‏) (Al-Furqan: 54)

g) Marriage matures a man’s character through the responsibilities he has to shoulder, as a husband and a father, and similarly matures a woman's character through the responsibilities she has to shoulder, as a wife and a mother. As we have just explained, many men refrain from marriage simply because they wish to live as grown-up children with no ties to bind them, no house to unite them or responsibilities they are to undertake. Such people are not fit to live; they are good for nothing. Marriage is thus a strong commitment and a shared responsibility between a man and a woman since their first day together.

Allah, Exalted be He, says, (And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.‏) (Al-Baqarah 2: 228) (Men are in charge of women, because Allah hath men the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded.) (An-Nisa’ 4: 34)

The Prophet (peace and blessings be upon him) said: "Everyone of you is a guardian and responsible for those in his charge; the man, in his home, is a guardian and responsible for his household; the woman, concerning her husband's property, is a guardian and responsible for what she is entrusted with." (Agreed upon hadith) The Prophet (peace and blessings be upon him) also said, "Man would be committing a huge sin if he were to ruin whomever he supports." (Reported by Ahmad, Abu Dawud, Al-Hakim and Al-Bayhaqi on the authority of Ibn `Umar) The Prophet (peace and blessings be upon him) further noted, “Allah shall ask every guardian about what he has been entrusted with, whether he preserved or ruined it.” (Reported by An-Nasa’i and Ibn Hibban on the authority of Anas) He (peace and blessings be upon him) also said, "One's spouse is entitled to certain rights.” (Agreed upon Hadith, reported on the authority of Ibn `Umar)

h) Having got married, a man can focus on perfecting his work, reassured that there is someone back home who disposes of his affairs, preserves his money and takes care of his children. He can thus do his job properly. This stands in sharp contrast to another whose mind is preoccupied and who is torn apart between his work and home, his job and the burden of securing his food and clothes back home.

Witnesses & Mahr (Dower) for Marriage

Witnesses & Mahr (Dower) for Marriage

Question
Dear scholars, As-Salamu `alaykum. Please elaborate on the importance of two witnesses for the bride. Also explain what is the amount of the mahr in dollars for marriage, according to Shari`ah. Can any Muslim perform the nikah (marriage) ceremony? Is it necessary that the documents be signed by the bride and the groom in the presence of witnesses? Jazakum Allah khayran.

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your eagerness to become well acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants. Marriage in Islam is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. Valid marriage has to meet certain requirements such as ishhar (announcement), the payment of the dower, the consent of both parties, the permission of the wali (woman’s guardian), and the presence of witnesses.

In his response to your question, Dr. Muzammil H. Siddiqi, former president of the Islamic Society of North America, states:
For marriage a minimum of two witnesses is required. These witnesses are not for the bride or for the groom, but they are the witnesses for the marriage of the couple for whom they accept to be the witnesses. Nikah (marriage ceremony) is both a legal ceremony and a public ceremony. According to the Shari`ah, there should be two witnesses for all important legal contracts. Nikah as a public ceremony should also be done in the presence of many people (or at least two as the minimum), so that more people know that this man and this woman have come together as a legally married couple. Concerning the mahr (dowry), Almighty Allah says, “And give women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer” (An-Nisaa’: 4); “Those among them (i.e., your wives) whom you enjoy give them their dowers as determined. But there is no blame on you, if after a dower is determined, you mutually agree to vary it” (An-Nisaa’: 24); “If you divorce them before consummation and you have fixed a dower for them then half of the dower is due to them, unless they forgive it or it is forgiven by him in whose hand is the marriage tie” (Al Baqarah: 237). According to the Shari`ah, the mahr should also be reasonable. There is no fixed amount of mahr in the Shari`ah. It should be given according to the financial status of the husband and according to the time and place. We cannot apply the mahr of the 7th century in the 20th century, nor can the mahr of India or Pakistan be applied in the United States and Canada. As the financial conditions of the people in different times and places change, so the amount of mahr can be determined accordingly. However, it is a principle of the Shari`ah that the mahr should not be too expensive. It is wrong to declare a large amount of mahr at the time of marriage to show off or to boast. Sometimes the bride’s family puts pressure on the groom and his family for a large amount of mahr so that they may show their pride to their relatives and friends, boasting that their daughter was married for a big mahr. Sometimes the groom declares a big amount and secretly thinks that this is just a commitment on paper. People are often heard saying, “Write whatever you want, no one asks and no one pays.” This is a play with the rules of Allah. Muslims should only commit what they are really capable of paying and what they intend to pay. It is haram (unlawful) to enjoy relations with a wife and then deny her the mahr promised to her. However, we must keep in mind that mahr is not a bride’s price. It is a woman’s right and it signifies a husband’s love and appreciation for his wife. In the Qur’an it is called sadaq, which means “a token of friendship.” It is also called nihlah, which means “a nice gift or present.” Mahr also signifies a husband’s commitment to take care of his wife’s financial needs (nafaqah). It is true that the nikah ceremony can be performed by any Muslim, but in order to organize this serious legal contract, in Muslim countries some people are authorized by the governments to perform the nikah or to register the nikah. These people are called ma’dhun shar`i or qadi, etc. In America, the imams of the Islamic centers or someone authorized by the Islamic centers should officiate the nikah. Some states in the United States and some provinces of Canada require that the person who performs the marriage must be a justice of the peace, or a judge or a licensed clergy. In some states it is illegal for an unlicensed person to perform marriages. In the United States and Canada it is also required for the couples who intend to get married to take a license before their marriage. The person who performs the marriage then signs this license along with two witnesses. After that the license is sent to the Registrar of Marriages. The Registrar’s office then issues a marriage certificate. No marriage in the US and Canada is recognized as a legal marriage unless it is registered. Some Muslims do not follow these procedures. They say that in an Islamic marriage, paper work is not necessary. Or they say that they only care for what is halal (lawful) and want to marry according to the Shari`ah; they do not care whether the marriage is legally recognized here or not. However, there are some cases where Muslim women have suffered greatly due to these unregistered marriages. Some Muslim men marry without any legal papers and then they leave their wives. These women do not know what to do and how to get divorce from their husbands who abandon them. They go to the US and Canadian courts and they are told there that according to the local laws they are not considered married. These women have no proof of their marriage and the courts have no marriage record of these women. They go to the local Islamic centers in the US and Canada and the centers are unable to help them, because the laws in these countries do not give the right of divorce to anyone except to the local superior courts. It is important for Muslim men and women to have their marriages and divorces properly documented. Islam teaches fairness and justice in all cases.

The Islamic Ruling on Marriage

The Islamic Ruling on Marriage

Question
What is the Islamic ruling on marriage ? And when it is deemed obligatory?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants.

Islam – being a natural way of life – takes into account all of genuine human instincts such as physical, spiritual, intellectual, emotional, et cetera. Islam generally encourages marriage as the pure and legitimate way for regulating and fulfilling these instincts and desires. It is against both curbing man’s desires through celibacy or giving them free rein through licentiousness and sexual permissiveness.

As regards the question you posed, we'd like to state that the ruling on marriage differs according to the state and conditions of each person. It can be obligatory or recommendable under certain conditions. It can also be prohibited or only permitted under other circumstances. The different rulings on marriage are explained in the fatwa issued by the late prominent Muslim scholar and author of Fiqh As-Sunnah, Sheikh Sayyed Sabiq. He states the following:

"Obligatory Marriage:

Marriage is obligatory for whoever is able to afford it, has desire for sexual intercourse, and is afraid to indulge in fornication. Here, it is obligatory because protecting oneself against fornication and preserving one’s chastity is obligatory, and this cannot be achieved except through marriage. Al-Qurtubi says: “Celibacy is not recommended for whoever is able to bear the expenses of marriage, and is likely to commit illicit affairs that violate both his honor and his religion, for one sometimes may not be able to overcome temptation except by marriage. In this case marriage is, according to a scholarly consensus, obligatory. But one who has desire for sexual intercourse, but does not have enough money for the expenditures of marital life may find solace in the words of Allah, Exalted be He, Who says: “Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His Grace.” (An-Nur: 33)

Man is recommended to suppress his sexual appetite by fasting; a group of Hadith transmitters narrated on the authority of Ibn Mas`ud (may Allah be pleased with him) that Allah’s Messenger (peace and blessings be upon him) said: “O youth! Whoever amongst you is able to marry, let him marry, because it helps him keep his eyes away from lustful looks and preserve his chastity. And whoever is not able to marry, let him observe fasting, as it is a shield for him (i.e. protection from lapsing in fornication).”

Commendable Marriage:

One who has desire for sexual intercourse, who is able to bear the expenses of marriage, and, at the same time, is able to suppress his sexual desire, protect himself against committing illicit affairs is recommended to marry. In this case, marriage in this case is better than devoting oneself to worship, because monasticism is not a characteristic of Islam. At-Tabarani narrated on the authority of Sa`d ibn Abi Waqqas that Allah’s Messenger (peace and blessings be upon him) said: “Allah has revealed tolerant monotheism (Islam), to replace the Christians’ monasticism.” Al-Bayhaqi also narrated on the authority of Abu Umamah that the Prophet (peace and blessings be upon him) said: “Marry one another, for I will be boast of your great numbers in front of other nations (on the Day of Judgement), but don not lapse in the Christians’ monasticism.” `Umar once said to Abu Az-Zawa’id: “Nothing can make man refrain from marriage except inability or indulging in fornication.” Ibn `Abbas also said: “The faith of a devoted believer will never be perfected unless he marries.”

Prohibited Marriage:

Marriage is prohibited for anyone who cannot observe his wife’s rights, because of being undesirous for sexual intercourse due to a physical defect, or because of inability to afford marriage. Al-Qurtubi states: When man is unable to marry due to lack of money to cover the expenses of marriage, to pay the bride’s dowry, or any of her financial rights, he must not marry unless he lets the bride know of his inability, or unless he becomes able to afford marriage. And so is the case if he has some physical weakness that makes him unable to have sexual intercourse (i.e. if he is impotent); he must let his bride know of it, in order not to deceive her. Moreover, he must not pretend that he hails from a noble family, that he is a wealthy man, or that he holds a prestigious post.

The same applies to women. A woman who is unable to observe her husband’s rights, or who has some defect which prevents her husband from making love to her, such as insanity, leprosy, elephantiasis, genital or vaginal disease, must never deceive him; rather, she must let him know what is wrong with her. This is like the example of a sale contract; the seller must inform the buyer of any defect in the commodity he is purchasing.

That is to say, when one of the spouses finds some defect in his/or her mate, he/or she may annul the marriage. Thus, when the husband finds any defect in his wife, he may annul the marriage, and take back the dowry he paid her. It was narrated that the Prophet (peace and blessings be upon him) married a woman from Bayadah folk. Then he found that she was leprous in her flank, so he sent her back to her parents, and said to them. “You have deceived me.”

Imam Malik is reported to have stated two different opinions concerning the wife of the impotent, who discovers this after consummating marriage then seeks separation on account of this defect. Imam Malik once said that in such a case the wife can seek for marriage annulment and take her full dowry; his another view is that she takes half of her dowry. By and Large, Malik’s different points of view depend on his different opinions as to whether the bride’s dowry is due immediately after she allows her husband to have sex with her, or after he consummating marriage.

Permissible Marriage:

Marriage is permissible for any person who has nothing to warrant his marriage or prohibit it."

Conversion to Islam while Being Unlawfully Married

Conversion to Islam while Being Unlawfully Married

Question
Dear scholars, As-Salamu `alaykum. There is a man who – when he was still a non-Muslim – got married to a girl who actually falls under the category of unmarriageable women (like, his sister's daughter) according to Islamic laws. What decision should be taken according to Islamic laws if both of them have now embraced Islam or if only he embraced Islam and she does not? Jazakum Allah khayran.

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

In his response to the question in point, Sheikh Zoubir Bouchikhi, Imam of the Islamic Society of Greater Houston’s Southeast Mosque, states:

"This person who reverted to Islam has to divorce this woman even if she did not revert to Islam as she falls under one category of the thirteen categories of women who are forbidden for marriage to [Muslim] men. Allah says in surat An-Nisa': "Forbidden unto you are your mothers, and your daughters, and your sisters, and your father's sisters, and your mother's sisters, and your brother's daughters and your sister's daughters, and your foster-mothers, and your foster-sisters, and your mothers-in-law, and your step-daughters who are under your protection (born) of your women unto whom ye have gone in - but if ye have not gone in unto them, then it is no sin for you (to marry their daughters) - and the wives of your sons who (spring) from your own loins. And (it is forbidden unto you) that ye should have two sisters together, except what hath already happened (of that nature) in the past. Lo! Allah is ever Forgiving, Merciful." (An-Nisa': 23) I would like to mention here that even Judaism and Christianity forbid such marriages."
Allah Almighty knows best.

Shall I Remarry My Ex-Husband ?

Shall I Remarry My Ex-Husband ?

Question
I was granted a divorce by my husband because he was not just between me and his other, first wife, and he was dishonest. I learned that during my `iddah, he was seeking marriage to other women. He now wants to contract a new marriage with me. I do not trust his conduct, but I was told that it is wrong to refuse a sincere proposal. Also, I wish to be married because I am a convert and strongly need familial connections within Islam. Is it better to remarry?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help you reach the proper and correct decision.

In his response to the question you raised, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"Legally speaking, if your husband has not divorced you three times, then you are allowed to remarry without being married and divorced to another person. However, if he has divorced you three times, then you cannot remarry him (unless you marry someone else and he willingly divorces you and your `Iddah expires).

However, you should think seriously about resuming your relationship with this person about whom you say that he was dishonest, insincere and that you don't trust his conduct. I don't know what you want to do with this marriage because these are the basic things required among the spouses that they should be honest, sincere and trustworthy to each other. If this person is failing in all these things, then why do you want to get involved in this trouble again? But of course, it is your decision. May Allah help you."

Remarriage of a Divorced Couple

Remarriage of a Divorced Couple

Question
My question is regarding remarriage of a divorced Muslim woman with her former husband. Under what conditions or circumstances is this permitted? Is it possible for her to remarry him without resorting to a 2nd divorce (meaning marrying someone else and divorcing him first)? I would greatly appreciate your guiding me on this.

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. Responding to the questions you raised, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"After the divorce the wife has to spend some time in `Iddah. If a husband divorced his wife first time, he can take her back and then can resume the married life without any fresh Nikah (marriage contract). He is allowed to do that second time also. If he divorces her second time and then within `Iddah he wants to resume the relationship, he can cancel the second divorce also. Again second time they can also be together without a fresh Nikah. But if he divorced her first time or second time and the women went into `Iddah and then her `Iddah was complete, then she is no more his wife and he cannot go back to her, unless they both agree to marry each other. After two divorces they can remarry if they wish. However, if the husband divorced his wife three times, then he can neither take her back during the `Iddah nor after it, unless she marries someone else and he divorces her and then after `Iddah she wants to return to her previous husband. Allah says in the Qur'an,

"A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. If a husband divorces his wife (third time or irrevocably), he cannot, after that, remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand." (al-Baqarah: 229-230)"

Divorce & Child Custody

Divorce & Child Custody

Question
As-Salamu `alaykum! My wife seeks divorce for the mere reason of being no more interested in our marital life. Now, the question is: To whom the custody of children goes after divorce, bearing in mind that we have three children under five. As far as I know, the mother has the right to keep the children in her custody until they reach puberty, then they should be moved to their father. If I refused to divorce my wife, she will seek divorce through courts. Am I allowed in this particular case to claim the custody of children?

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

Marriage is indeed a sacred bond that brings together a man and a woman by virtue of the teachings of the Qur'an and the Sunnah. Thus, each partner in this sacred relationship must treat the other beautifully and properly.

A man must not divorce his wife to bring harm upon her, as this constitutes an act that demolishes this noble establishment, breaks the woman’s heart, and possibly separates the woman from her children without any reason. Thus, the separation between a man and his wife [without just reason] was considered one of the major and grave sins, and one of the most beloved actions of Satan, as was narrated in a number of hadiths. It is also forbidden for a woman to ask for a divorce without a sensible reason.

The Prophet (peace and blessings be upon him) said: "Among lawful things, divorce is most hated by Allah." (Reported by Abu Dawud) The spouses should avoid divorce as much as possible. If they have difficulties and problems they should try to work out their differences and seek help from their relatives, friends or professional counselors. They should also consider and think of the future of their children and the destructive effects of divorce on their children's future. However, if the differences are irreconcilable then divorce is permissible, but it should be done in a decent manner.

In this regard, Allah Almighty says: "When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing stock (by your behavior), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things." (Al-Baqarah: 231) The Prophet (peace and blessings be upon him) says, "No harm shall be inflicted or reciprocated in Islam." As for the custody of children, we see that daughters should remain with their mother until they get married.

As for male kids, they should remain with their mother until they reach the age of puberty, and then shifted to their father in order to get acquainted with the traits of manhood.

May Allah guide you to the straight path and direct you to that which pleases Him.

Women Getting Their Period during Hajj

Women Getting Their Period during Hajj

Question
What should a woman do if she gets her period while performing Hajj?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, thanks for your question, which emanates from a God-fearing heart, since it shows your commitment to Hajj, one of the five pillars of Islam. The Prophet (peace and blessings be upon him) said, “Islam is built upon five pillars: testifying that there is no true god except Allah and that Muhammad is the Messenger of Allah, performing Prayer, paying the Zakah, making the pilgrimage to the Sacred House (Hajj), and fasting the month of Ramadan.” (Reported by Al-Bukhari) Also, we’d like to commend your pursuit of Islamic counseling.

As regards your question, Sheikh `Atiyyah Saqr, former head of Al-Azhar Fatwa Committee, states: "

In an authentic Hadith, the Mother of the Believers, `A'ishah (may Allah be pleased with her) narrated that the Prophet (peace and blessings be upon him) came to her and found her crying. He said, "Have you got your period?" She said, "Yes". The Prophet (peace and blessings be upon him) said, "Allah the Almighty has prescribed this for the daughters of Adam, so do what other pilgrims do except tawaf (circumambulation of the Ka`bah) until you take ghusl (purificatory bath)." (Reported by Al-Bukhari and Muslim)

Therefore, a menstruating woman is allowed to stand on Mount `Arafah, to run between the two hills of As-Safah and Al-Marwah, and to stone the Jamarat (pillars). Also, she can make takbir and tasbih and dhikr (remembering Allah).

However, she is forbidden from the following:

- Offering Prayer (Salah)

- Tawaf

- Staying at the Mosque

- Touching or carrying the Qur'an.

Jabir (may Allah be pleased with him) reported that `A'ishah's menstruation started while she was performing Hajj, but she performed all the rites of Hajj except tawaf around the Ka`bah. When her period ended and she became clean, she performed the tawaf and said, "O Prophet of Allah! Everyone has performed Hajj and `Umrah together, but I have performed Hajj only." Thereupon, the Prophet (peace and blessings be upon him) commanded her brother `Abdur-Rahman to accompany her to a place called Tan`im (in order to perform `Umrah). So she performed `Umrah right after Hajj in the month of Dhul-Hijjah.”

Moreover, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, adds:

“Women who are menstruating should assume ihram after a bath and recite talbiyah and engage in dhikr and du`a’. However, they must not offer Salah. They can practice all of the rituals of Hajj with the sole exception of tawaf.

As far as performing tawaf is concerned, they should postpone it until such time that they are free of menses and have purified themselves through ghusl (bathing).

If, however, because of special circumstances beyond their control, they find themselves unable to stay in Makkah (for instance, they have no choice but to leave with the group because of inability to change or reschedule travel plans), then they are allowed to perform tawaf while still menstruating after cleaning themselves and wearing pads, etc.

The above ruling is given by Imam Ibn Taymiyyah. It has been based on a valid principle of Islamic jurisprudence which states that any condition - upon which the validity of a certain `ibadah (act of worship) is dependent - can be waived if a person cannot fulfill the same; and the `ibadah thus performed will be considered as valid without it. An example for this is covering oneself during Prayer. Thus if a person finds himself unable to cover his `awrah (what must be covered) because he could not find anything to wear, then he must still pray without covering himself and his Prayer will still be considered as valid, although in ordinary circumstances such a Prayer will be considered as null and void. The same rule applies to a menstruating woman who must leave Makkah because of special circumstances beyond her control. The normal condition of purification from menses for the validity of tawaf is be waived in her case, and her Hajj will be considered as perfectly valid.”

Islam’s Stance on Adoption

Islam’s Stance on Adoption

Question
Dear scholars, could you please furnish me with a fatwa on the Islamic stance on adoption? Your earliest response will be very much appreciated. Jazakum Allahu Khayran!

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, thank you very much for having confidence in us, and we pray to Allah to guide you to have deep understanding of the teachings of Islam.

Adoption in the sense of changing one’s identity and lineage for a false lineage is prohibited in Islam; but at the same time, it is allowed for Muslims to adopt a child in the sense of taking him/her under his/her wing for providing both physical and spiritual care for him/her. The Prophet (peace and blessings be upon him) said, “The best house of Muslims is one where an orphan is cared for.”

Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in picture. Keeping the original name of the child, and letting him know who are his real parents are some of the conditions stipulated by the Shari`ah when legalizing fostering. The reasons are; in Islam, children have automatic rights to inheritance, they can not marry their Mahrams (unmarriageable persons) and they can marry from their foster family if no suckling took place. The issue of hijab in the house is also given due regard between the non-related sisters and brothers, etc. All these rules have to be taken into consideration in this case.

Shedding light on the issue of adoption, we'd cite for you the following article:

"Before Islam, the Arabs practiced adoption, naming the child after the person adopting him or her, as if the adoptive parents and the child were related by blood.

Islam prohibits adoption but allows Muslims to raise children who are not theirs. Muslims can fully raise these children, look after them, and support them, but the children must be named after their real fathers. It is not a sin if a person is named after the wrong father by mistake.

For some of the same reasons, Islam prohibits any method of conceiving or delivering babies other than the traditional and natural method. Artificial insemination with sperm from a man the woman is not married to, surrogate mothers, the donation of sperm or eggs, and mothers' milk banks are all prohibited. These methods produce illegitimate children.

In a case when the father is not known, as with abandoned babies, the child should still not be named after the person raising him or her. In a case such as this, the children may be called brethren in Islam (Mawali). Allah Almighty says:

“Allah has not assigned unto any man two hearts within his body, nor has He made your wives who you declare (to be your mothers) your mothers, nor has He made those who you claim (to be your children) your children. This is but a saying of your mouths. But Allah says the truth and He shows the way. Proclaim their real parentage. That will be more equitable in the sight of Allah. And if you know not their fathers, then (they are) your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts purpose (that will be a sin for you). Allah is Forgiving, Merciful.” (Al-Ahzab: 4-5)

In fact, Islam changed other pre-Islamic traditions related to this issue as well. The raised child cannot inherit from the people who raised him/her, and is not forbidden from marrying what used to be called relatives by the bond of adoption.

Before adoption was prohibited, the Arabs had prohibited the man from marrying the divorcee of his adopted son. Islam prohibits a man marrying the divorcee of his son. However, in Islam, a man can marry the divorcee of the man he raised, who is not his son by blood; this is declared explicitly in the Qur'an. People would have felt uncomfortable in practicing this new permission, if Allah had not selected the Prophet (peace and blessings be upon him) to demonstrate its acceptability; it’d be a very heavy duty before people, even for the Prophet (peace and blessings be upon him).

Zayd Ibn Harithah (may Allah be pleased with him) was adopted by the Prophet (peace and blessings be upon him) before Islam prohibited adoption. He used to be called Zayd ibn Muhammad (son of Muhammad) until adoption was prohibited, when he was again called after his real father.

Zayd married Zaynab bint Jahsh, the cousin of the Prophet (peace and blessings be upon him). Later on, he had problems in his relationship with her. Allah Almighty inspired to the heart of the Prophet (peace and blessings be upon him) that she would get divorced and he would marry her, something that was hard for him to face other people with. Whenever Zayd complained to the Prophet (peace and blessings be upon him) that his marriage was going from bad to worse, the Prophet (peace and blessings be upon him) always told him to stay with his wife, which is a postponement of what the Prophet learned was going to happen.

The Prophet (peace and blessings be upon him) would not have tried to postpone such matter had it been explicitly said to him as an order from Allah Almighty or as a revelation from Him. It was only an inspiration to his heart. He never hesitated in applying any command from Allah no matter what the issue was.

Zayd eventually divorced Zaynab, and neither one of them knew what Allah Almighty had inspired His Prophet to do. After the waiting period (`Iddah) of Zaynab was over, the Prophet (peace and blessings be upon him) was told to marry her. He sent Zayd himself to ask Zaynab to marry him. Zaynab said that she would not take such a step without a revelation from Allah Almighty. When she went to the Mosque the verses that commanded the Prophet (peace and blessings be upon him) to marry her were revealed, and she married the Prophet.

Allah Almighty says : “And when you said unto him on whom Allah has conferred favor and you have conferred favor: Keep your wife to yourself, and fear Allah. And you did hide in your mind that which Allah was to bring to light, and you did fear people whereas Allah had a better right that you should fear Him. So when Zayd had performed the necessary formality (of divorce) from her, We gave her unto you in marriage, so that (henceforth) there may be no sin for believers in respect of wives of those they raised, when the latter have performed the necessary formality (of release) from them. The commandment of Allah must be fulfilled. There is no reproach for the Prophet in that which Allah makes his due. That was Allah's way with those who passed away of old - and the commandment of Allah is certain destiny. Who delivered the messages of Allah and feared Him, and feared none save Allah. Allah keeps good account. Muhammad is not the father of any man among you, but he is the Messenger and the Seal of the Prophets; and Allah is Aware of all things.” (Al-Ahzab: 37-40)

The unbelievers and the hypocrites used this event to attack the Prophet (peace and blessings be upon him) and Islam, saying that the Prophet married the divorcee of his son. Even today, this incident is used by the unbelievers to misinform people about Islam and Muhammad (peace and blessings be upon him). These people do not realize the importance of the rule introduced by Islam through this incident. For them adoption is acceptable, and so they find these revelations difficult to grasp or accept.

Adoption is widely practiced in many non-Muslim western societies. Babies are taken from their parents and named after those adopting them. The children grow up having no idea who their real parents are. In a mobile society like the U.S.A. for example, an adopted boy may end up marrying his sister from his original parents without knowing that she is his sister. These cases have actually happened.

This harmful consequence is one of the reasons that Islam places such importance on the use of the child's real name. A person's name is important in Islam because many social rules like marriage, inheritance, custody, provision, and punishment, are contingent upon the blood relationship. This is a reason for women to retain their own names after marriage as well.

Adoption in non-Muslim societies is practiced for many reasons. Non-Muslim societies have many illegitimate babies as a result of extramarital sexual relationships. Very young mothers of these babies do not keep them because they cannot support them and devote time to raising them. So these young women give the children to other parents who have no children, or abandon them in the streets where people can pick them up. Worse than that, some of these babies are killed, put in trash bags, and then thrown in garbage cans.

In other cases, these children are sold to parents who cannot have children. Another reason for adoption in these non-Muslim societies is that many women do not like or want to get pregnant, for fear of ruining their beauty.

Many of these people claim that adoption is a humane service. They do not realize that Islam preserves the humane part of this practice by allowing people to raise children that are not theirs, while it prevents the negative consequences of adoption which can harm society by calling the child after the adoptive parents."