Followers of misguided sects should not marry Ahl al-Sunnah (Sunnis)

Is it permissible for a young man from the Ibaadi madhhab to marry a girl who follows the Shaafa’i madhhab?.

Praise be to Allaah.

The Ibaadis are a Khaariji sect, which is one of the misguided sects. There are many saheeh texts which condemn them. 

See the answer to question no. 11529. 

In the answer to question no. 40147 we quoted the scholars of the Standing Committee as saying: 

The Ibaadi sect is one of the misguided sects, because of their hatred, enmity and rebellion against ‘Uthmaan ibn ‘Affaan and ‘Ali (may Allaah be pleased with them), and it is not permissible to pray behind them. End quote. 

In Fataawa al-Shaykh Muhammad ibn Ibraaheem (13/30) it says that the testimony of an Ibaadi is not acceptable according to sharee’ah. 

There are clear texts which describe how a woman’s guardians should make a good choice of husband for her. That includes ensuring that his religious commitment and character are acceptable. What kind of pleasing religious commitment can there be in those who follow misguided sects, who believe in rebelling against the rulers of the Muslims, who believe that the Qur’aan was created and that the one who commits a major sin is a kaafir, and who deny that we will see Allaah in the Hereafter? 

It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your daughter or female relative under your care) to him, for if you do not, there will be fitnah in the land and much mischief.” Narrated by al-Tirmidhi, 1084; Ibn Maajah, 1967. Classed as hasan by Shaykh al-Albaani in al-Silsilah al-Saheehah, 1022. 

Sunni women should not be given in marriage to followers of innovation, because the husband has a great deal of influence over his wife, and he may influence her to adopt his beliefs, so she moves from the saved group to one of the misguided sects. 

And Allaah knows best.

He has AIDS – can he marry someone who has the same disease?

I have a question similiar to the Question Reference #11137, (Ruling on marrying one’s daughter to an AIDS patient). I myself am in a similiar situation wherein I want to marry a sister and she has been diagnosed with the HIV virus. However her levels of the virus are so low that they are undetectible. She has been married before and has a 4 year old son, both of whom have not contracted the virus. In reference to marrying someone with the HIV virus I understand that some scholars say that it is not permissible, and some say other wise. In your answer to the above question you say it's okay given the parties are aware of it. My question is:
1. Can she marry if the relations she has are protected?
2. Can she marry if both people agree not to have intercourse?
3. Can a man marry her to have her rights of marriage be fulfilled for the pleasure of Allah?.

Praise be to Allaah.

In the answer to question no. 11137 we stated the ruling on marriage of one who has AIDS, and we said: He should not marry until he has explained his situation and said, “I have such and such a disease.” If they agree to that then all well and good, otherwise the marriage should not go ahead, because if he conceals his situation from them, then he has deceived them and cheated them, and this woman may transmit the disease to her husband, or the husband may transmit it to his wife, and it may be transmitted to their children after that. But if she agrees to marry you and accepts the will and decree of Allaah, there is nothing wrong with that. 

There is nothing wrong with the brother who asked this question marrying a woman who is healthy or sick, so long as you explain your medical situation. If they agree, and you want to have intercourse, then you can use condoms. 

Dr ‘Abd-Allaah al-Haqeel – whom I consulted and who is the head of the Stomach Diseases section in the Medical College of the King Sa’ood University – said:  

Marriage of an AIDS patient is a serious problem, because the main cause of the transmission of this disease is sexual contact. Using a condom gives a high degree of protection but the other party – man or woman, must be fully aware of the expected consequences. 

Al-Watan newspaper, issue no. 522, 2nd year – Tuesday 21 Dhu’l-Hijjah AH/ 5 March 202 CE. 

Married life is not only about intercourse; you could marry this woman if you both agree not to have intercourse, for a man’s need for a woman, and vice versa, is not just the matter of sexual needs. There are the matters of caring for one another, protection, spending, love and helping one another to obey Allaah. The love of one party for the other, so that the latter may inherit, may the reason for marriage, such as marriage to a minor who is not able for intercourse. Such a marriage is valid according to sharee’ah, even if no intercourse takes place. Based on this, there is no reason why you should not get married and agree not to have intercourse. 

The majority of scholars stated that it is permissible for a Muslim to get married during his final illness, if he is mature and of sound mind; what need for intercourse is there in this case for which he should get married? 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a sick person who got married whilst he was sick – is this marriage contract valid? 

He replied: 

The marriage of a sick person is valid, and the wife inherits from him, according to the majority of Muslim scholars among the Sahaabah and Taabi’een, and she is only entitled to a mahr like that of her peers; she is not entitled to more than that, according to scholarly consensus. End quote. 

Al-Fataawa al-Kubra, 3/99 

He also said (5/466): 

The marriage of a sick person during his final illness is valid, and the wife inherits from him, according to the majority of scholars among the Sahaabah and Taabi’een, but she is not entitled to anything other than the mahr of her peers, and no more than that, according to consensus. End quote. 

And Allaah knows best.

The difference between different ideological groups and the fiqhi madhhabs – and can she marry an innovator?

What is the difference between Ahli Sunnah Wal Jammah & other mazhab[ shafeei, Maliki, etc? and can a girl from Ahli Sunnah Wal Jammah marry a man without mazhab?.

Praise be to Allaah.

Ahl al-Sunnah wa’l-Jamaa’ah are not to be regarded as opposition to the Maalikis, Shaafa’is, Hanbalis and the like, rather they are opposed to the followers of innovated and misguided beliefs and ways such as the Ash’aris, Mu’tazilis, Murji’is, Sufis and so on. The Hanafis, Maalikis, Shaafa’is and Hanbalis are schools of fiqh, whose imams are among Ahl al-Sunnah wa’l-Jamaa’ah, and indeed are among the leaders of Ahl al-Sunnah wa’l-Jamaa’ah. But unfortunately the followers of most of those madhhabs and schools of fiqh have begun to follow the people of innovation and misguidance in their beliefs, so many of the Shaafa’is and Maalikis have become Ash’aris, and many of the Hanafis have become Maatireedis. But with regard to ‘aqeedah, the Hanbalis – apart from a very few – have been spared the change to something other than the ‘aqeedah of Ahl al-Sunnah wa’l-Jamaa’ah. 

The basic principle concerning the Muslim is that he adheres to the Qur’aan and Sunnah according to the understanding of the companions of the Prophet (peace and blessings of Allaah be upon him) and those who followed them in guidance. As for following one of these four madhhabs or any other, that is not obligatory or recommended, and the Muslim does not have to adhere to any one of them in particular. Rather the one who adheres to a particular madhhab in every issue is being a partisan who is guilty of blind following. End quote. 

Hal al-Muslim mulzim bi Ittibaa’ Madhhab mu’ayyin min al-Madhhab al-Arba’ah? By al-Ma’soomi, p. 38. 

There is nothing wrong with following the four schools of fiqh if a Muslim does not have sufficient knowledge to enable him to derive rulings from the Qur’aan and Sunnah himself, but if it becomes clear to him that the correct view is other than that of his madhhab, then he must follow the correct view and not his madhhab. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: 

In the Qur’aan, Allaah condemns the one who turns away from following the Messengers and follows instead the religion invented by his forefathers. This is imitation (taqleed) which is forbidden by Allaah and His Messenger, i.e., following someone other than the Messenger in matters that go against the Messenger. This is haraam for everyone according to the consensus of the Muslims, for there is no obedience to any created being if it involves disobedience towards the Creator. Obedience to the Messenger is obligatory for every one, elite and common folk alike, at all times and in all places, both inwardly and outwardly, and in all situations… Allaah has enjoined obedience to the Messenger upon all people, in approximately forty places in the Qur’aan. 

It is permissible for one who is unable to derive rulings to follow a scholar, according to the majority of scholars… the kind of imitation or following that is forbidden by the texts and according to scholarly consensus is that which goes against the words of Allaah and His Messenger. end quote. 

Majmoo’ al-Fataawa, 19/260-266 

The followers of the salaf are those who adhere to the Qur’aan and Sunnah in their beliefs, fiqh and conduct and do not go against what is proven in the Qur’aan and Sunnah and what is agreed upon by the salaf of this ummah. 

Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

What is meant by the salafi madhhab is the way of the salaf (early generations) of this ummah, namely the Sahaabah, Taabi’een and prominent imams with regard to issues of ‘aqeedah, sound method, sincere faith and adherence to the beliefs, laws, etiquette and conduct of Islam, unlike the innovators, deviants and those who are confused. 

Among the most prominent of those who advocated the madhhab or way of the salaf were the four imams, Shaykh al-Islam Ibn Taymiyah and his students, Shaykh Muhammad ibn ‘Abd al-Wahhaab and his students, and other reformers and renewers; there is no era when there was not someone who is establishing evidence for the right way. 

There is nothing wrong with calling them Ahl al-Sunnah wa’l-Jamaa’ah, so as to differentiate between them and the followers of deviant groups. This is not praising oneself, rather it is distinguishing between the people of truth and the people of falsehood.  End quote. 

Al-Muntaqa min Fataawa al-Shaykh al-Fawzaan, 1/question no. 206. 

Based on this, if a man whose religious commitment and character are good proposes marriage to a Muslim woman, then she should accept him even if he does not belong to one of these madhhabs, but if the one who proposes to her is a member of one of the misguided and deviant groups, then she should not accept him.  

And Allaah knows best.

Is it permissible for the father of the girl to prevent her husband from sitting with her after the ‘aqd (marriage contract)?

I have done the marriage contract with a girl, and we have agreed that the wedding party will be in one year’s time for financial reasons, but her father completely refuses to let me be alone with her, even for a few moments, to talk or just to sit. Is it permissible for him to prevent me from sitting and being alone with her on the basis of custom and tradition? What should I do?.

Praise be to Allaah.

The marriage contract has three pillars or essential parts: the proposal, acceptance, and consent of the wife’s guardian. The proposal is issued by one of the two parties first of all, indicating what he wants of forming a contract. It is call ijaab which means commitment. The acceptance is issued second by the other party, indicating that he agrees to what the first party has proposed. This is called acceptance because it indicates consent to what the first party has proposed. 

If this is done in the presence of the wife's guardian and with his consent, then the marriage contract has been completed and the woman has become his wife and he has become her husband. There result from this contract a number of shar’i implications, which are: 

1.     It becomes permissible for each of the spouses to enjoy intimacy with the other.

2.     The dowry which is mentioned in the contract becomes obligatory, if he consummates the marriage with her or if he is alone with her in the shar’i sense and in such a way that he would be able to have intercourse with her, or if he dies before consummating the marriage or being alone with her. She becomes entitled to half of the amount as a result of the contract if he divorces her before consummating the marriage or being alone with her. If he did not state an amount for the dowry, then upon consummation or if he dies or if he is alone with her, she becomes entitled to a dowry like that of her peers, such as her sisters and female cousins.

3.     It becomes obligatory on the husband to spend on the wife's maintenance, such as food, clothing and shelter. This does not become obligatory upon the husband until after he has consummated the marriage with her, because these obligations are in return for intimacy and her living under his care.

4.     Any children are to be attributed to the husband if the marriage has been consummated or if he has been alone with her in the shar’i sense.

5.     The right of inheritance is established between the spouses, if one of them dies, whether the husband has consummated the marriage with his wife or not.

6.     The in-laws become mahrams, which means that the ascendants and descendants of the husband become mahrams for the wife, and the ascendants and descendants of the wife become mahrams for the husband, according to the explanations of the scholars. 

From what we have mentioned with regard to the consequences of marriage, the answer to the question is known, which is that it is permissible for both spouses to enjoy intimacy, such as touching, kissing and so on, with the other as soon as the marriage contract is done. 

In the answer to questions number 74321 and 13886 there was a discussion of the things that are permissible for the one who has done the marriage contract with a woman, even if he has not yet consummated the marriage with her. 

But it is permissible for the guardian to be strict with regard to being alone with her -- which means closing the door, drawing the curtains and especially intercourse -- because of the problems that may result from that before the marriage is announced. One spouse may die or divorce may occur, which would result in bad consequences for the woman in the event that she is pregnant or has lost her virginity. 

In the answer to question no. 3215, there is a discussion of this issue, which we hope you will read. 

If we add to these problems that which happens a lot of negligence concerning this issue before consummation and moving to the marital home, namely the way people view these matters and their customs and traditions which do not accept this kind of relationship except after consummation of the marriage in the marital home that has been prepared for that, then this is something to be taken into consideration with regard to protecting honour and lineages. The husband should pay attention to this matter and think with his head, not with his heart, and he should understand the effects of this if death or divorce were to occur. He should remember that he definitely would not accept that for his daughter, and by the same token people do not accept that for their daughters. We think that this is the best solution and the middle way between going to extremes and being careless with regard to this matter.  

And Allaah knows best.

Its the responsibility of every Moslem in learning Quran and tajweed and we also must teach our kids Quran and not only the Quran teaching we should let then be aware of the basic of Islam and why it was reviled you bet it was vituperated and verity teaching of holy Quran and with Quranic tajweed we read Quran we can understand better all the replies that are necessitated if we study koran from a qualified Quran tutor he will let you know verity substance of Islam and why koran was reviled for it we should gain the information of the Holy Scripture with there translation and the context of when those verses were reviled and why and that is only potential when we continue with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is required to ask our self that why we all are here in the world to do good acts or to do bad acts to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the query remains the very same that the reasons why we are here in the world but if yes then whom we have to respond is there any Divine All these response can be found when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our job.

He had anal intercourse with a foreign woman but they have repented. Is it permissible for them to get married?

We had anal intercourse, but we repented and regretted. We love each other very much we cannot separate. We want to marry and live a happy life. Is it permissible for us to get married?
We follow the ibadhi madhab, and it prohibits marriage between a man  and a woman who committed adultry even if they repent. The evidence for this is that Umar ibn al-khattab separated a man who married a woman during her ‘iddah and said: “they shall never be togeather”, another evidence narrated by Ali, A’esha, and albaraa ben azeb, that “if a man and awoman who committed adultry got married, their relationship remains adultry forever”. Trust cannot be there between two who tested each other before marriage. What is your opinion?.

Praise be to Allaah.

Firstly: 

You should understand that looking for the right opinion on practical fiqhi matters is something good, and it indicates that a person is seeking the truth that Allaah has enjoined. Even better than this is that a Muslim should look for the correct belief that will save him from the misguided sects which the Prophet (peace and blessings of Allaah be upon him) spoke of. He said that there would be seventy-two sects, “all of which will be in the Fire” meaning that they are misguided and deserve this warning of Hell. 

If you both regret what you did and have repented sincerely, then it is permissible for you to get married, and there is no reason why you should not do so. 

As for what you say about ‘Umar ibn al-Khattaab preventing the one who married a woman during her ‘iddah from ever marrying her, it seems – if this is a sound report – that this was a punishment (ta’zeer) to the one who committed a sin, and it was not a confirmation of a shar’i ruling that this is haraam. 

What you have quoted from some of the Sahaabah, that they ruled that a couple who committed zina and then get married would remain adulterers forever, may be understood as applying to those who did not repent. 

Ibn Hazm (may Allaah have mercy on him) said: 

It was narrated from Ibn Mas’ood that he said concerning the one who marries a woman after committing zina with her: They are still adulterers. Then he narrated that Saalim ibn ‘Abd-Allaah ibn ‘Umar was asked about a man who committed zina with a woman then married her. He said: Ibn Mas’ood was asked about that and he said: “And He it is Who accepts repentance from His slaves” [al-Shoora 42:25]. 

Ibn Hazm said:  

The two opinions (of Ibn Mas’ood) are in harmony, because he only allowed marrying that woman after repentance. End quote. 

Al-Muhalla (9/63) 

And Allaah knows best.

She formed a relationship with someone else - should he fulfil his promise to marry her?

I am a young Muslim man and am religiously committed. I fell in love with a girl and promised to marry her, but she formed a relationship with another man. When I found out, she admitted that she was wrong and asked me to forgive her, but I no longer trust her and I do not like the way she behaves. Is it haraam for me to break my promise to her or not, although she is in the wrong? What do you advise me to do?.

Praise be to Allaah.

Firstly:

What we advise you to do is to let her go. Breaking your promise to marry her is justified according to sharee’ah. The Messenger (peace and blessings of Allaah be upon him) encouraged us to choose a wife who is religiously committed, so look for such a one, and forget about this one, and Allaah will give you one that is better than her. 

Secondly: 

You should note that for a man and woman to form a relationship and agree to marry, with the conversations and meetings that that involves, is something haraam. This has been explained in the answers to many questions on this site, such as questions no. 20949 and 1114. 

If you have done any such thing, then you must hasten to repent from this sin and resolve not to do it again. 

You describe yourself as religiously-committed, so you must adhere to the rulings of Islam and avoid that which Allaah and His Messenger have forbidden. May Allaah help you to the best of words and deeds. 

And Allaah knows best.

What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage?

I have understood from the answers on this website that there are no restrictions between a man and a woman after the nikah, even though the marriage has not been consumated yet. I have read some answers to this question on your website, but i have not been able to find a satisfying answer to the general statement that some people make that one should follow the way of the Prophet Muhammad (peace and blessings of Allaah be upon him) and the man and the woman should not meet alone, as he (peace and blessings of Allaah be upon him) did not meet with Hadrat Ayesha (RA) till their marriage was consumated a few years after the nikah. So if the Prophet (peace and blessings of Allaah be upon him) didnt meet with her alone during the time between the nikah and consumation of marriage, then what is the daleel on which the scholars have based their justification that allows a man and woman to meet with each other after nikah and before the consumation of marriage?.

Praise be to Allaah.

The man remains a stranger to the woman and it is not permissible for him to look at her, shake hands with her or be alone with her. If he wants to marry her, then he should propose marriage – and in this case it becomes permissible for him to look at her only; not shake hands with her or be alone with her. If her family agree and give her in marriage to him, then he becomes her husband and she becomes his wife, and it is permissible for him to do everything – looking, being alone with her, touching her, shaking hands and being intimate, because Allaah says (interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

6. Except from their wives…”

[al-Mu’minoon 23:5] 

Marriage is established as soon as the marriage contract is done, hence if one of the spouses dies after the marriage contract has been done, the other one inherits from him or her, even if that is before consummation. 

This is the evidence that was quoted by the scholars with regard to this issue. 

But it has become customary among people to announce the marriage contract separately from the consummation, not because consummation is haraam after the marriage contract, but rather because the husband’s circumstances may not allow him to take his wife to the marital home, so there is what is known as “announcement of consummation” or “the wedding night”. As this is the case, the husband should not consummate the marriage with his wife until after the consummation has been announced, because if he consummated the marriage with her before that, it may cause serious problems for both of them. He may divorce her or die, and she may be a virgin who then loses her virginity, and she may become pregnant, thus the woman exposes herself to suspicion and she and her family may be the subject of unending gossip. See the answer to question no. 52806. 

As for the questioner saying that the Prophet (peace and blessings of Allaah be upon him) was not alone with ‘Aa’ishah during the period between the marriage contract and the consummation, this is just conjecture. Who can be certain about that? That period lasted for three years, during which the Prophet (peace and blessings of Allaah be upon him) used to come to Abu Bakr’s house twice a day, morning and evening, as is proven in Saheeh al-Bukhaari (476). 

So who can say that the Prophet (peace and blessings of Allaah be upon him) was never alone with ‘Aa’ishah during that period? 

However, it may be that this is true, but that does not mean that this is haraam, because it is proven that it is permissible, based on evidence from the Qur’aan, as quoted above. 

And Allaah knows best.