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!”