Faking Marriage & Divorce for Obtaining Green Card

Faking Marriage & Divorce for Obtaining Green Card

Question
As-Salam Alaykum, I am from the Subcontinent and I have a question about marriage and divorce. I came to the United States to set up a business and to become financially well-off. However, I have run into a problem that I cannot get a green card. My question is that would it be permissible for me to divorce my wife from the Subcontinent on paper only so that I can marry an American woman for some time to get the green card ? My intention is to divorce the American woman after I have the green card and remarry my wife from the Subcontinent. Is this permissible in Islam ? ( Question By : Foulan )

Answer
Wa `Alaykum As-Salam Wa Rahmatullah Wa Barakatuh.
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! Thanks for your good question which reflects a desire to acquire knowledge and have a clear view of Islamic teachings.

In the very beginning, we would like to stress the fact that Islam aims at creating a stable atmosphere wherein every true believer establishes a stable and good Muslim family. Marriage is meant to be the strong bond of Allah and the lawful means of setting the corner stone of a society.

Brother, you have to keep in mind the fact that marriage contract, in Islam, is so solemn that Shari`ah lays down rules and regulations that guarantee its stability and continuity. Thus, Islam renounces all forms of temporary marriage.

Answering the question in point, the prominent Muslim scholar Dr. Taha Jabir Al-`Alwani, president of the Graduate School of Islamic and Social Sciences and president of the Fiqh Council of North America, (Dr. Al-`Alawani occupies the Imam Al-Shafi’i Chair in Islamic Legal Theory as a professor in his specialty field. Particularly interested in the social implications of Islamic law, he is a major participant in the activities of Muslim social scientists, publishing works such as his Ethics of Disagreement, The Rights of the Accused in Islam, and Linking Ethics and Economics: The Role of Ijtihad, in the Regulation and Correction of Capitol Market (a co-authored occasional paper )states the following:

Allah Almighty declares cheating as prohibited. This applies to any form of cheating, whether to individuals or government. Upon entering the States, you applied for visa. This application is a contract between you and the U.S. government. Being here in the States, you should respect the law and the constitution of the country.

To marry a woman just on papers without having a real intention to establish a family is really an evil deed. Such an act involves telling lies and cheat which are both Haram. Marriage, being a sacred institution, is to be shown due respect and never played with.

At the same time, making paper divorce without having the intention to do so, thinking that this will render the divorce invalid is a total miscalculation, for the divorce is still valid according to the majority of scholars. In the Hadith, the Prophet, peace and blessings be upon him, is reported as having said: “Three things are considered valid whether done seriously or jokingly; divorce, marriage and manumitting slaves.”

Even if you find an American lady who accepts such a fake marriage, both of you will be conspiring against the law of the country. You will have only yourself to blame.

I would like to urge all Muslims in the West to be a good examples and representatives of their religion. Muslims are commanded always to be pure and straight forward. In the life of a Muslim, there is no lies, forms of deceit or cheating.”

Wife's Emotional Neglect

Wife's Emotional Neglect

Question
We live about 10 minutes driving distance from the mosque. But whenever my husband decides to go to the prayer, he is usually gone for about an hour. The rest of the day he is at work. I spend most of the time alone up until after `Isha'. I keep telling him that I need to feel the bond of marriage more than this. He knows I am not feeling too well lately, and now mentally this is taking its toll on me. However, he feels there is nothing he can do about this since he has to pray in congregation.

What is your advice to solve this problem? For some reason, I doubt that this was the intent of the Shari`ah for the family. I guess either way one of us feels guilty. What is the right thing to do ?

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.

Thanks for your question, and we implore Allah earnestly to guide us all to the best both in this world and in the Hereafter.

Every Muslim husband is ordered by Islam to treat his wife gently and kindly. The Prophet (peace and blessings be upon him) said, "The best among you are the ones who are best to their wives" (At-Tirmidhi). In addition, there is a special consideration to the relationship between the spouses, as Allah says: (And among His Signs is this, that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect) (Ar-Rum 30:21).

With the question in mind, we do call upon the husband to spend more time with his wife and to pray some of his prayers in congregation with her and his children.

Responding to the question, Dr. Sano Koutoub Moustapha, professor of jurisprudence and its principles at the International Islamic University, Malaysia, states the following:

Thank you for your kind question. May Allah bless you and your beloved husband.
Surely congregational prayer is strongly recommended for both males and females. Some scholars do consider it a communal obligation or fard kifayah. Yet, it is definitely an obligation upon husbands to give the rights to their spouses, especially in responding to their emotional and psychological needs, such as spending time with them. In this context, I call upon your beloved husband to spend more time with you and to avoid staying longer in the mosque after praying.

Since prayers take only 10 to 15 minutes, there is therefore no reason for spending hours at the mosque after prayer. Spending time at the mosque is considered optional or recommended; while staying and spending time with the spouse is considered an obligation.
Based on this, I remind your beloved husband that in Islam, obligations come first. In other words, spending enough time with you is considered an obligation upon him. Therefore, he has to refrain from spending longer time outside the house, especially after prayers. Furthermore, there is no harm or prohibition for him to perform some of his prayers with you at home. Thus if you pray together, this prayer is actually considered as a congregational prayer, especially when you have children who can join you in congregational prayer.

Finally, your husband is also advised to to bring you along with him to the mosque in order for you to be able to gain the rewards of the congregational prayer. It is very unfortunate that some Muslims nowadays have decided to exclude Muslim women from congregational prayer while at the time of the Prophet (peace and blessings be upon him) Muslim women were attending all congregational prayers, especially Fajr Prayer, regardless of the darkness of the night.

Women Praying in Mosques

Women Praying in Mosques

Question
As-Salamu `alaykum, please kindly explain as to which is most preferable for a woman: to pray alone in her house or to follow the congregation in the Mosque.

Answer
Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh.
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 commend you for showing keenness on knowing the teachings of Islam. We hope our efforts meet your expectations.

There is no any hindrance for women to pray in the Mosques along with men. At the time of the Prophet, women used to perform prayers in the Mosque along with men. Not only that, but they used to attend religious classes and share the events such as the `Eid prayers with men. The Prophet (peace and blessings be upon him) is reported to have said, “Do not prevent the she-servants of Allah from Allah's mosques.”

Responding to the question, Sheikh Yusuf al-Qaradawi, states the following:
Women used to attend the jama`ah or congregational Prayers and the Friday Prayers in the Prophet's Mosque. The Prophet (peace and blessings be upon him) used to urge them to stand in the last rows behind men.

At the beginning, men and women used to enter through the same door. When this caused overcrowding on entrances and exits, the Prophet (peace and blessings be upon him, said: "(It would be better) if this door is left for women." Upon saying so, the men made that door for women, and it became known up until today as "The Women's Door".

Moreover, women, at the time of the Prophet, used to attend the Friday Prayer; they used to perform the Prayer regularly and listen to the khutbah to the extent that one of them could recite Surat Qaf as she heard the Prophet recite it several times in the Friday khutbah. Women also used to attend the `Eid Prayers and participate in that big Islamic festival that included the old and the young, men as well as women, out in the open, all worshipping Allah.
Umm `Attiyyah (may Allah be pleased with her) narrated, "We used to be ordered to come out on the Day of the `Eid and even bring out the virgin girls from their houses and menstruating women so that they might stand behind the men and say takbir along with them and invoke Allah along with them and hope for the blessings of that day and for purification from sins." (Reported by Al-Bukhari)

Moreover, women used to attend religious sermons with men at the Prophet's house and they used to inquire about religious matters that many women nowadays would find embarrassing to ask about. For instance, `A'ishah (may Allah be pleased with her) praised the women of Al-Ansar for trying to understand their religion without being held back by bashfulness for they used to ask about such matters as major ritual impurity, wet dream, purificatory bath, menstruation, chronic vaginal discharge, etc.

And when women found that men's questions were taking most of the Prophet's time, they plainly requested the Prophet (peace and blessings be upon him) to make a special day for women. So the Prophet dedicated a day for them when he used to give them lessons and sermons. (Narrated by Al-Bukhari)

Shedding more light on the issue, Dr. Muzammil H. Siddiqi, president of the Fiqh Council of North America, adds:

The Prophet (peace and blessings be upon him) explicitly told men not to exclude women from going to the Mosque. It is reported that the wife of `Umar Ibn Al-Khattab (may Allah be pleased with him) used to attend the congregational Prayer in the Mosque at Fajr and `Ishaa' Prayers. It was said to her, "Why do you leave home, you know that `Umar does not like that and he feels ashamed (that you leave home at that time)?" She said, "So what prevents him from stopping Me?" The person said, "It is the words of the Prophet (peace and blessings be upon him) 'Do not prevent the she-servants of Allah from Allah's Mosques.'" (Reported by Al-Bukhari)

It is not obligatory for women to attend the jama`ah or congregational Prayers at the Mosque, because they have other obligations as regards their home and children. However, if they have time and feel safe to attend the Mosque, in proper Islamic dress, then they should not be stopped.

We should rather make our Mosques in such a way that men and women both have equal chance to pray there observing the rules of Prayers.

Some people, in voicing objection against women going to the Mosque, rely on what `A'ishah (may Allah be pleased with her) said in this regard. She is quoted to have said, sometime after the Prophet’s death: "If the Prophet (peace and blessings be upon him) would have seen what the women do now, he would have stopped them from coming to Mosques."

But the great scholar of Hadith Ibn Hajar states: "This statement does not say very clearly that `A'ishah gave the Fatwa that women are forbidden to come to Mosques." (Fath Al-Bari, p. 928).

It is not known that any Companion of the Prophet (peace and blessings be upon him) or a prominent jurist forbade women from attending the prayers in the Mosque. The custom of preventing women from attending the Mosques started later in times. This unfortunately has negative impact on many of our sisters, drawing them backward and making them ignorant of their faith.

Women in the West go everywhere. They are in the markets, in malls, in restaurants, and in offices. It is ironic that some men allow them to go to all the places of temptation, but they want to stop them from coming to the places where they can pray to their Lord and learn about their faith.

Mixed Gatherings for Weddings

Mixed Gatherings for Weddings

Question
Dear scholars, As-Salamu `alaykum. What is the ruling on men and women being together for weddings? Jazakum Allah khayran. ( Question By : Muslim - Belgium )

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.

Islam does not object to events or gatherings where members of the opposite sex are present in the same place as long as all abide by the Islamic teachings and manners. If such gatherings abide by the Shari`ah rulings, then there is nothing wrong with them. What is forbidden is khalwah (seclusion or between two members of the opposite sex); tabarruj (revealing women's attractions and `awrahs and all other forbidden acts such as seductive talk or walk); and physical contact between members of the opposite sex. Therefore, if the mixed wedding sticks to these instructions, it is allowed. But if people do not abide by these conditions—which is common nowadays—then the presence of men and women in the same place is unlawful.

Responding to the question you raised, the European Council for Fatwa and Research issued the following fatwa:

The term “mixed” is one which is not used by either the Qur’an or the Sunnah, while most people believe it to be an unquestionable matter in Islam, as though there were something in the Qur’an or in the Hadith of Prophet Muhammad (peace and blessings be upon him) that states clearly that mixed congregations are haram (forbidden). This is one of the grave mistakes which many Muslims commit today, unfortunately.

Our opinion in this matter is that Islamic Shari`ah did not object to men and women being present in one place on condition that three matters are avoided and refrained from:

First: Seclusion (khalwah), that is, that a man and woman meet in a place where no one else can see them.

Second: Adornment of women, that is, that a woman uncovers what Allah (Mighty and Exalted be He) decreed to be covered of her body, or she wears perfume or jewelry or walks or talks in such a way that draws attention and raises ill-thoughts and feelings.Third: Physical contact.If these three matters are avoided and refrained from, then there remains no legal objection to the congregation, whether it be a marriage ceremony or any other thing else. However, we see that people often do not abide by these conditions in weddings, and thus the presence of men and women in one place becomes unlawful.

Internet Chats Between Males and Females

Internet Chats Between Males and Females

Question
Respected scholars, As-Salamu `alaykum. Many teens seek out boy/girlfriends online, and have actually dated. Furthermore many Muslims are using online chats to seek friends and chat, but as we all know most men and women are seeking more than just friends. They are possibly looking for a future wife or husband. What is the Islamic stance on that ? ( Question Muslimah - United States )

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 sister in Islam, you have raised a very important question, which reflects what is common nowadays among youth, or, rather, what has become a vogue on which majority don't even bother to know what are the restrictions dictated by religion, in order to preserve morality in the society. Thanks to the sophisticated means of modern communication, everyone finds himself at the mercy of all what is new in technology.Thus, it's very important for Muslim youth to know where he stands, and to always keep in mind that, as he is given full right to make use of any golden opportunity offered by modern technology, he is also required not to forget the duty he owes the Mighty Power that subjects to Him all such avenues of comfort and prosperity. He must not deviate, whatsoever, from the teachings of his religion, in order to preserve his noble identity.

Answering the questions you raised, Dr. Muzammil Siddiqi, former President of the Islamic Society of North America, states:

You have raised a number of serious questions. First is the question about the Internet chats between males and females. Second is about seeking a matrimonial partner - husband or wife - in this way and talking to the future spouse.Internet chat is very similar to writing letters or talking to someone on phone. Actually it is a combination of both. Muslims have to observe the same rules as they observe in writing letters or making telephone calls. Islam does not permit love letters or intimate conversations between males and females who are not married to each other.In all our correspondence and conversations we must observe haya' or modesty. Boys and girls should not chat with each other just for socialization or passing time. It is haram (unlawful) for a non-mahram Muslim male and female to indulge in long conversations with each other unless it is necessary for education or for business. All conversation must be decent. The Qur'an reminds us again and again that all our words are recorded and we shall be held accountable for our words as well as our deeds on the Day of Judgment. (See Al-Ahzab 33:70; Qaf 50:18)If one finds an interesting partner through Internet and there is a desire to know more about each other in order to get married, then one should involve one's elders in this matter. Let the elders or some responsible friends do the investigation and negotiation on your behalf. Even when you want to talk to that person, it is good to have an elder present in this chat. In Islam the khalwah (privacy) with the non-mahram female (ajnabiyyah) is forbidden. Khalwah of course occurs when a male and a female are alone in person. But a virtual khalwah can also happen through conversation by phone or Internet. Just as men and women should not be alone with each other, in a similar way they should not be alone to talk to each other on phone or via Internet chat, especially if this conversation is about personal matters.

Any communication or chatting between a man and a woman if not for a good cause, it will be a possibility for the cause of Shaytan (Satan). One should always ask him/herself why do I want to write to that man/woman or to talk to him/her? The answer will be helpful to take action. Keep far away from desire as Satan has very complicated approaches to insinuate you deviate from righteousness.