Suicide to Escape Rape

Suicide to Escape Rape
Question
Scholars of Islam, As-Salamu `Alaykum wa Rahamtu Allah wa Barakatuh. Can a Muslim woman kill herself if she is 100% sure that she will be raped by a group of men? Jazakum Allah khayran. ( Question Nabil - Lebanon )

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, thank you very much for having confidence in us and we pray to Allah Almighty to help us achieve this noble task successfully. Also, we commend your concern about the affairs of your fellow sisters. May Allah protect our honor and save us against all forms of disgrace!

First of all, a Muslim woman should try her best to stick to the teachings of Islam and abide by the Islamic decorum, especially when dealing with people of the opposite sex. If she is sexually harassed by the rapists, she has the right to defend herself.

However, she is not allowed to kill herself under any circumstances because suicide is Haram (prohibited). The only One Who knows the Unseen is Allah. She never knows what will be the outcome of their criminal attempt; they may fail in carrying out their devilish plan.

Explaining this we'd like to state that a Muslim woman is faced with two possibilities:
(1) She is prone to being subjected to rape or sexual assault and
(2) this may drive her to committing suicide, a forbidden act. Here we can imagine the occurrence of two harms, one of them, relating to suicide, is certain, while the other, relating to her being subjected to rape, is something possible, but not certain. Thus, in this case, committing suicide is not permissible.

Moreover, we have to weigh the harmful effect of suicide to that of rape or sexual assault. The latter is endurable unlike the former. Besides, preserving one’s soul is among the necessities of life, whereas other objectives, such as preserving one’s chastity, come in the second degree among the fundamental goals that Islam is keen to realize. Thereby, it is not permissible for a woman, a victim of rape, to commit suicide.

Focusing on the question in point, the prominent Muslim scholar, Sheikh Muhammad Saleh Al-Munajjid, a Saudi Islamic lecturer and author, states:

“A woman who is forced to commit Zina (adultery or fornication) is obliged to defend herself and should not give in, even if she kills the one who wants to rape her. Self-defense is obligatory, and she is not at fault if she kills the one who wants to force her into having sex.

The Prophet (peace and blessings be upon him) is reported to have said: “Whoever is killed in defense of his property is a martyr, whoever is killed in defense of himself is a martyr, whoever is killed in defense of his religion is a martyr, and whoever is killed in defense of his family is a martyr.” (Reported by Imam Ahmad and Ibn Hibban)

In addition, a woman is not allowed to kill herself for fear of being raped. A chaste Muslim woman is required to fend off the aggressor, but she is not allowed to go to the extreme and kill herself. If she kills herself, then she has committed suicide which is Haram.

The Prophet (peace and blessings be upon him) is reported to have said: “The people of my Ummah are not responsible for acts that they commit wrongfully, for acts that they do forgetfully, and for acts which they are forced beyond their abilities.” Allah Almighty says, “…save him who is forced thereto and whose heart is still content with Faith…” (An-Nahl: 106)”

Marriage Registration to a Married Woman for Papers

Marriage Registration to a Married Woman for Papers

Question
As-salamu `alaykum. I have a Muslim English friend who is married to a Muslim English man. They got married in the Islamic way but this marriage has not been registered in the registrar's office. Her husband has an Arab friend who wants to live in England. He has no other alternative to get permission to remain in England but to marry an English woman. The husband suggested that his wife marry his friend in the registrar's office. This has been done and witnessed. Is this marriage Islamically valid? Does it affect her first husband? Please answer this question, as this case occurs frequently in this country. ( Question By : Ayah - England)


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.

Sister, thanks a lot for your question and the interest you show in having a clearer view of the true teachings of Islam. May Allah help you get the right understanding and stand firm on the straight path. Ameen.

Regarding your question, it should be clear that Muslims living in non-Muslim countries should abide by the laws of their countries. They should be good ambassadors of their religion and set examples for others in loyalty, honesty, truthfulness, etc. What those people have done is unacceptable and sinful. This marriage is void. Partners concerned should correct the situation and stop violating Shari`ah and laws of their countries.

Responding to the question in hand, the European Council for Fatwa and Research (FCFR-is a Dublin-based private foundation, founded in London at 29-30 March 1997 on the initiative of the Federation of Islamic Organizations in Europe, the European Council for Fatwa and Research (ECFR) is a largely self-selected body, composed by Islamic scholars, presided by world-renowned scholar Sheikh Yusuf Al-Qaradawi. ) issued the following fatwa:

The marriage contract entered into in the registrar's office is void. Consequently none of the rights of marriage can be based on it. All the results of it are null and those who entered into this marriage are delinquent and they have committed a sin. Whoever participated in facilitating or accomplishing this contract, while knowing that this lady is married, has taken part in this sin and violated the laws Allah has set. Allah stated among the prohibited marriages [Also (forbidden are) women already married ] (An-Nisaa' 4:24). Allah prohibits marrying a married woman.

Some people, due to their misunderstanding that a marriage contract entered into in the registrar's office is not valid, are negligent regarding this contract. They think that the marriage is only valid if entered into in a mosque or an Islamic center. This is wrong. Apart from the place, the marriage contract is valid provided the pillars and conditions are fulfilled. Had this woman not been married, that marriage contract entered into in the registrar's office would have been valid.

Since this contract is void, it should be cancelled as soon as possible. Again it should be cancelled as, since it is legitimate according to the civil laws, it may result in prohibited issues according to Islam. According to the civil laws this marriage is binding.

Needing permission to stay in a country cannot be used as an excuse to commit what is prohibited and violate the Shari`ah and the rights of others. Muslims are obliged to shun such issues based on deception and lies.

Is Tarawih Mandatory on Women ?

Is Tarawih Mandatory on Women ?

Question
Dear scholars, As-Salamu `alaykum. Is Tarawih mandatory on women? Is it a confirmed Sunnah? Can you please shed some light on this issue for women who can’t go to the mosque for some reasons? Must they perform Tarawih as compulsory prayer, or is it nafl (supererogatory)? Jazakum Allah khayran. ( Question : Hiba - Alaska )


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.Ramadan is the month of the Qur'an, fasting, and qiayam (staying in late night vigilance praying). Ramadan comes to Muslims with mercy, release from sins, patience, and spiritual nourishment and hygiene. Fasting in Ramadan is not a punishment but a way to perfect our behavior, to sharpen our sense of responsibility, and to be more united.

In his response to the question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
According to the consensus of Muslim scholars, Tarawih is not considered mandatory on either men or women. Rather, it is only considered a recommended act. There is no evidence in the sources to make it obligatory. As far as I know, no jurist or imam has expressed such an opinion.Tarawih can be performed individually at home or at the mosque. If for some reason you cannot go to the mosque, you can pray Tarawih at home.We know from the traditions that the wives of the Prophet (peace and blessings be upon him) and other companions often used to pray Tarawih at home. Some of them even opened the Qur'an and read from it while performing Tarawih.Based on the above, if you are not able to go to the mosque, you would not be deprived of the reward or blessings if you were to perform it at home.

Moreover, the prominent Muslim scholar Dr. Muhammad Abu Laylah, professor of the Islamic Studies & Comparative Religions at Al-Azhar Univ., adds:
Tarawih prayer is a Sunnah and to do it in a Mosque is also a Sunnah.Women and even children should attend it at the Mosque because it displays the unity among Muslims and cements their relationships.Remember that we should honor the month of Ramadan to the utmost of our ability because in this month the Qur'an which is our light, guide, and legal and spiritual force was revealed to Prophet Muhammad (peace and blessings be upon him).

Gynecological Exam While Fasting

Gynecological Exam While Fasting

Question
Respected scholars, as-salamu `alaykum and Ramadan mubarak. I am fasting Ramadan and I have a gynecological appointment that is necessary. I have made it as late in the day as possible and my doctor is female. Iftar is very late in the day and it is not possible to make an appointment after iftar. My friends told me that if I go to the gynecologist and she touches me "there" I will negate my fast for the day. I asked my husband and he said he doesn't think so. I have no one to ask as I am a revert for a few years and do not have a female family member who is Muslim to ask and I am shy to ask my mother-in-law. I need to know an answer to this and if I need to make this day up. I am leaning toward its being OK as it is medical, very necessary, and non-sexual in nature, but I still question so if you could answer, please, it will be much appreciated. ( Question By : Heba - Canada )

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.
Sister, may you have a happy and blessed Ramadan! Thank you for your question, which indicates your eagerness to live according to the rules of Islam. You are right to turn to knowledgeable people, rather than to friends or relatives, for answers to such questions. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the hereafter. Ameen.

As regards your question, we would like to make it clear that a gynecological exam during the days of Ramadan is not among things that nullify fasting. So do not worry about your fasting and go ahead with your docotr's appointment.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states the following:

I commend you for your zeal to know the rules of your religion. I pray that Allah grant us all beneficial knowledge, humble hearts, and acceptable deeds. Ameen.

Coming to the question you have raised, let me state the following:
The gynecological exam you need to undergo for medical reasons will not nullify your fast, for it does not fall in the category of things that invalidate the fast. Fasting is obviously nullified by deliberate consumption, intake, or ingestion of food, nutrients, or drinks; sexual intercourse; induction of emission of semen [or, in the case of women, sexual secretions] through masturbation or other activities; induction of vomiting; cupping; onset of menses or bleeding of childbirth; or deliberate intention to break the fast.The exam you have mentioned does not fall in any of the above categories. So you need not worry about going ahead with the exam.

May Allah accept our fasts and make us all worthy of meeting Him on the Day of Resurrection. Ameen.

A Woman Traveling for Conferences without a Mahram

A Woman Traveling for Conferences without a Mahram

Question
As-Salamu `alaykum wa rahamatullahi wa barakatuhu. My wife, who is a university lecturer (and a new Muslim), occasionally needs to travel abroad for conferences related to her area of research (i.e., the perception of Islam in the West). Given that I am unable to travel with her for personal reasons (work, financial, children) and that we live in a non-Muslim country, the only options available to us are that she travels on her own or with her female colleagues. Is the latter acceptable in Islam? If it is not, can you please explain whether or not the prophet's (peace and blessings be upon him) hadith that, “There will come a time when a woman will ride her camel to Iraq from Madinah on her own in total security” is of value here? It seems to me that the prohibition of women traveling without mahrams is related to safety, according to this hadith. Your advice will be much appreciated and may Allah reward you. ( Question By : Amin - Canada )

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, thanks a lot for your interest about Islam and its teachings. We do really appreciate your question which shows how far you are interested about adherence to the dictates of Shari`ah. May Allah save us all from the traps of Satan and enlighten our hearts with the light of Islam!

Regarding your question, it should be clear that Islam cares for the dignity and honor of the woman. Because of her weakness and vulnerability to being targeted by vile men, Islam is keen to close the doors to such situations by insisting that a woman should not travel long distances or stay away from home by herself unless she has taken adequate measures to ensure her protection.

In response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"Islamic laws are always based on tangible purposes, benefits and wisdom for humankind. Therefore, the interdict against a woman traveling by herself is intended to ensure her honor and dignity; it is not in any way intended to restrict her freedom of movement or prevent her from attaining her full potential.

It is in this spirit that many scholars and jurists, even in the early days, understood the interdict of the Prophet (peace and blessings be upon him) concerning a woman traveling. That is why they said that she can travel in the company of women or any safe company. The Prophet's hadith quoted above can definitely be taken to indicate that the safety of the woman is the major issue; so there is nothing preventing women from traveling if the way is considered to be safe and if there is no fear of molestation.

Today's planes and public transportation provide sufficient protection. They are far safer than traveling in the desert. Even in the latter cases, pious Muslim women did not hesitate to travel with a group that would ensure her safety. So I do not see any reason why your wife should hesitate to travel, provided she has taken all necessary precautions, and that she places her trust in Allah after having done her best, so as to provide the essential service that she offers the community.”