Husband Disowning His Wife’s Child

Husband Disowning His Wife’s Child

Question
If a husband is certain about his wife’s infidelity and that she has got pregnant because of committing adultery, is it permissible for him to disown the child she is carrying in her womb, or should he keep quiet about the matter ? ( Sayed )

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.

Thanks for your question, and we implore Allah to guide us all to the best and to reward us abundantly for whatever good deeds we do for His sake.

Islam considers parentage extremely important because of the rights and duties that depend upon it. According to Islam, it is impermissible for a person to disown himself from his father; it is even called “disbelief” in the sense that it shares the same repulsiveness and hideousness of disbelief. Similarly, Islam does not permit the husband to disown his wife’s child except in these two cases:

1. When the husband is certain of his wife’s adultery in a phase of purification during which he has not had sexual intercourse with her, then he abstains from having sex with her until she gives birth. In such case, the husband must disown the child so as not to add to his lineage a child that is not his.

2. When he is quite sure about his assumption that the child is not his but his assumption has not reached the degree of complete certainty.

As for the cases of doubt and uncertainty, it is impermissible to disown the child.

In this regard, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states the following:
Islam does not allow a Muslim to ascribe to himself a child who is not his own, nor a Muslim to disown himself from a confirmed lineage, nor a father to disown his child without right. That is why scholars say, “It is impermissible for a man to disavow his child, unless he sees his wife committing adultery in a phase of purification during which he has not had sexual intercourse with her, and then he abstains from having sexual intercourse with her until she gives birth to a child after six months or more.” In such a case he is permitted, or rather must, disown the child, for fear that recognizing the child as his might entail other rulings such as

This child may inherit without deserving any inheritance.
The child may disinherit rightful heirs.

The child may see the `awrah (the body parts that are forbidden to be exposed) of women who are lawful for him to marry. So he will regard the wife of his foster father as his real mother whom he might kiss and hug while she is not his mother. He will also consider the daughters of this man as his sisters while they are not related to him at all, and the sisters of this man as his aunts while, in reality, they are not. The same applies if the child is a girl; she will consider a non-mahram man her father, his sons as brothers, his brothers as uncles, etc.

For the above reasons, scholars say that if a husband is certain about his wife’s infidelity, he must disown her child. In some other instances they say that if the husband has a strong assumption that the child is not his and his assumption is close to certainty, such as when a husband sees his wife committing adultery in a phase of purification in which he had sexual intercourse with her and then she gives birth to a child that resembles the adulterer. Another similar case of strong assumption of the husband's part is when the husband is sterile and his sterility is certain.

In the first case, he must disown the child, while in the second he is permitted to do so.

Concerning the same issue, the following was mentioned in the book Matalib An-Nuha Sharh Ghayat Al-Muntaha:

The husband must disown the child in these two cases:
If he sees her committing adultery in a phase of purification in which he has not had sexual intercourse with her and then she gives birth to a child that resembles the adulterer, then he is to accuse her of committing adultery and disown the child through li`an (public imprecation) because, in such case, the husband is certain that the child belongs to the adulterer. Unless the husband disowns the child, the child would be his and would consequently inherit from him and his relatives, and so would they [inherit from the child]. This child would also see the husband’s daughters, sisters, and their likes [without hijab], which is impermissible. Thus, the child has to be disowned because of all such consequences. Furthermore, the Messenger of Allah (peace and blessings be upon him) is reported to have said, “Any woman who brings to her family one who does not belong to it has nothing to do with Allah (i.e., expects no mercy from Allah), and Allah will not bring her into His Paradise. Allah the Exalted will veil Himself from any man who disowns his child when he looks at him, and disgrace him in the presence of all creatures, first and last” (Abu Dawud).

If the husband saw his wife committing adultery in a phase of purification in which he had sexual intercourse with her and he had a strong reason [to believe] that the child belongs to the adulterer because of the strong resemblance between them or if the husband is sterile, he is allowed to disown this child. The resemblance is a proof that the child is the outcome of the adulterer’s fluid, that is, after the confirmation of adultery. In such case, strong assumption replaces certainty (vol. 6, p. 198).

In any other circumstances, it is impermissible to disown the child of one’s wife, for it entails the child’s loss. On the other hand, it is also impermissible to adopt a child as one’s own without right, because it is a dangerous forgery and it is the adoption prohibited by Allah, His Messenger, and all the scholars of Islam.

Is Going to Movies in Mixed Groups Permissible?

Is Going to Movies in Mixed Groups Permissible ?

Question
Is it permissible for young Muslims to go to movies with a group of friends, boys, and girls? What are the limits of interaction allowed between men and women in this regard ? ( Samih )

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 important question, we implore Allah Almighty to help us to understand the teachings of Islam.

Islam allows Muslim males and females to interact in a business-like environment with certain guidelines that should be strictly followed by members attending a certain event or sharing the same occasion. Moreover, movies are not rejected in Islam as long as they do not contain what is contradictory to the Shari`ah.

We do not refuse the idea of going to the cinema, but if it would lead people to commit sins, then it is be prohibited in Islam. Thus, going to movies is permissible as long as the content of the movie itself doesn't contain a prohibited element.

Responding to the question, Sheikh Muhammad Al-Mukhtar Al Shinqiti , director of the Islamic Center of South Plains, Lubbock, Texas, states the following:

First of all, we have to make sure the content of the movie is education and does not contradict the teachings of Islam. If it includes immoral scenes, then would not allowed in any case.

Second, we have to make sure that there is no khalwah or illicit privacy involving members of the opposite sex. The group should always stay together.Third, the boys should sit together, and the girls should sit in another group.Fourth, there can't be any sort of physical contact or immoral talk between members of the opposite sex.If the above mentioned conditions are met and the trip is both physically and morally safe, then it is permissible. However, if the members of the group are mainly teenagers, then teachers or family members must supervise them.

Men and Women in Public Transports

Men and Women in Public Transports

Question
While taking the public transports, especially during the rush hour, members of the opposite sex are jam-packed together in a way that hardly leaves any space between them. Will I be held accountable if I come in a close contact with the opposite sex ? ( Question Abu `Umar - Canada )

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.

First of all, we’d like to say that we are impressed by your question, which emanates from a thoughtful heart. 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.

It’s the duty of Muslims, males and females, to abide by the dictates of morality and decency everywhere. In public transports men should avoid coming into close contact with women.

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

In situations such as the one you are facing, you must consider whether you have any other options to take in order to avoid such close encounters with members of the opposite sex: Consider the possibility of changing your work hours, or changing your route to work, or even changing the time of travel by preferring to travel in less crowded times. If any of the above options are available, you must try it out.

If, however, you are faced with no reasonable option, then you may travel, provided you do everything possible to shift your focus away from thinking of the members of the opposite sex. Concentrate on Dhikr and Istighfar and discipline your mind in such a way that it would not make a difference for you whether you are standing beside a piece of furniture or a member of the opposite sex.

By doing your best to do what is within your means and ability, you have fulfilled your religious duty, the rest is with Allah. Allah reassures us in the Qur’an, (Allah does not impose on anyone a duty that he has no strength to bear.) (Al-Baqarah 2: 286) We are told to fear Allah as best as we can.

Finally, continue to seek Allah’s help in guarding yourself against temptations of all kinds. Allah says, (Whosoever puts his trust in Allah, Allah suffices him.) (At-Talaq 65 : 3)

Never forget to say the Du`aa' taught by the Prophet when venturing out into the world of temptations: Here are the two main Du`aas we are required to recite while venturing out. They will definitely prove to be tremendous source of spiritual empowerment for believers in all walks of life:

“Bismillaahi tawakkaltu `ala Allaah, laa hawla walaa quwwata illaa bilaah (In the name of Allah, I place all my trust in Allah; there is no power to shun evil, nor strength to earn good except with Allah’s assistance).

“Allaahumaa innee 'a`udhu bika an adillaa aw udalaa aw azilla aw uzalla, aw ajhala or unjhala `alayya (O Allah, I certainly seek refuge in You from leading people astray or being led astray, from slipping up or being led to slip up, or acting foolishly or others acting foolishly towards me).”

The Prophet (peace and blessings be upon him) reminded us that by praying thus we become protected, and empowered.

Love Poetry From an Islamic Perspective

Love Poetry From an Islamic Perspective

Question
Respected scholars, as-salamu `alaykum. I write poetry and it may be published, but I need to know if it is OK to write poetry that it is not Islamic. Like for example love poems and friendship poems. I have been told many different things, and I thought it is best to ask somebody who has more experience. Jazakum Allahu khayran. ( Omar )

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 question, which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to knowledgeable people to become well-acquainted with the teachings of Islam in all aspects of life.

Poetry is an art that is part of every culture and every religion. Poetry in its absolute sense is not haram (unlawful). It can be used for good purposes and bad. It becomes haram only when it transcends the boundaries and guidelines set in Islam.

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:

Poetry in general can never be described as either halal (lawful) or haram (unlawful) unconditionally, for it is not like any other medium or means of communication, electronic or print, or like any genre of literature, either fiction or non-fiction. As is the case with any of the above, its religious status (hukum shar`i) is solely dependent on its precise use, function, or purpose. When used for the specific purpose of conveying truth, upholding justice, spreading virtue and good, it is considered halal, or is even recommended or obligatory. If, on the other hand, it is used for disseminating falsehood, injustice, corruption, and evil, it is deemed haram.

The Qur'an was revealed in a milieu that considered poetry as the hallmark of literate Arabs. The Arabs cherished poetry very highly. The status of poetry then can be compared to that of television and newspapers in the contemporary world. Poets could bring down tribes or kingdoms, or bolster them and boost their fame and glory.

The poets in those days often used poetry for vulgar themes such as glorifying war, drinking orgies, and sexual exploits of women. The Qur'an criticizes poets who use poetry for profane purposes. However, the Qur'an never condemns poetry unconditionally; rather it singles out for praise the minority of poets who used poetry for promoting the cause of truth and sowing righteousness and virtue:

[And as for the poets – [they, too, are prone to deceive themselves: and so, only] those who are lost in grievous error would follow them. Art thou not aware that they roam confusedly through all the valleys [of words and thoughts], and that they [so often] say what they do not do [or feel]? [Most of them are of this kind –] save those who have attained to faith, and do righteous deeds, and remember God unceasingly, and defend themselves [only] after having been wronged, and [trust in God's promise that] those who are bent on wrongdoing will in time come to know how evil a turn their destinies are bound to take!] (Ash-Shu`araa' 26:224-227)

The Prophet (peace and blessings be upon him) enlisted some of the best poets of the time in the service of truth. He not only approved of their work; he went a step further to say that they were being supported in their work by the Holy Spirit.

Examples of poetry in the service of God, spirituality, and ethics are the following:
Burdah of Imam Busiri; poetry of Mawlana Jalal ad-Din ar-Rumi; poetry of Allamah Iqbal.The latter considered Rumi his mentor who was instrumental in turning him away from the sway of materialism to the path of spirituality. By reflecting on the poetry of the above luminaries, you can surely turn poetry into a means of guiding people to Allah. Profane poetry may temporarily satisfy the carnal soul, but it will definitely render the spiritual soul sick or dead. On the other hand, the poetry we mentioned above continues to nourish souls and sustain them. So you can never go wrong in following their role model.

May Allah guide us unto the truth, guide others through us, and make us all instruments of guidance. Ameen.

Speaking With Women for Social and Friendship Purposes

Speaking With Women for Social and Friendship Purposes

Question
Respected scholars, as-salamu `alaykum. I have tried to convince my husband that it is haram to speak with the other women for social and friendship purposes, although they are university colleagues. However, he doesn't seem to realize the importance of this issue and the problems it causes between us. I trust that there is no bad intention in his mind, but it still bothers me. What can I do to help him and myself ? Jazakum Allahu khayran. ( Question By : Shaima )

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, we implore Allah Almighty to help us serve His cause and render our work for His Sake.

In principle, contacts between men and women are not totally rejected; rather, they are recommended as long as the intentions are pure and the subject of conversation is lawful and involves either beneficial knowledge, good work, charitable project, jihad, or many other deeds that require efforts and cooperation from both sexes.However, this by no means calls for the transgression of limits or forgetting about the nature of both sexes. In all their dealings, both men and women should abide by the teachings of Islam that call for cooperation on the basis of goodness and piety, while at the same time, they should observe the rules of morality and politeness.

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:

There is no harm if your husband is establishing business-like contacts with his colleagues at work or university, strictly for professional reasons, provided that he keeps his interaction with members of the opposite sex within the bounds of Islamic ethics. Islam teaches that it is never allowed for a male and a female to be isolated in a private location; this forbidden isolation also includes phone and Internet conversations.

Therefore, if your husband's relations with members of the opposite sex go beyond the acceptable limits, then of course your concerns are perfectly valid. He is certainly violating the laws of Allah if he pursues carefree, social relations with members of the opposite sex. Such unrestrained contacts fall under the category of the forbidden khalwah (isolating oneself with a member of the opposite sex). The Prophet (peace and blessings be upon him) said, "No man shall be isolated with a woman (with whom he is not related in blood or marriage)" (Al-Bukhari, Muslim, and At-Tirmidhi). He also told us that Satan runs through the veins of the sons of Adam. In other words, such practices may inadvertently lead to temptations.

Thus, those who break the laws of Allah will eventually hurt themselves. It is therefore your responsibility as a caring wife to advise your husband to put an end to this practice immediately. Ask him if he would be comfortable if you were to establish contacts of a similar nature with other men?

You may advise him to ponder the words of the Prophet (peace and blessings be upon him), "Wise people are those who subdue their carnal soul (by obeying Allah's laws) and work for life after death, whereas foolish people are those who do what their carnal soul dictates, and yet vainly hopes for the mercy of Allah" (At-Tirmidhi, Ibn Majah, Ahmad, and others).

The laws of Allah are intended to protect us from our own carnal souls, which may lead us into sins. So you have every right to be concerned about your husband's behavior. May Allah help us guard against the evil inclinations inherent in our souls. Ameen.