Category Archives: Family Related

INHERITANCE.

Question:

Assalaam walaikum,
Is it required for both parents to put their wealth together and give to their children?
Or can each parent give from their own individual one?

Answer:

Wa Alaikum As Salaam,

There is no requirement for both parents to put their wealth together to give their children. Each parent should give from his/her own individual wealth.

And Allah Knows best

Mufti Waseem Khan

03/01/2018

SECOND WIFE IN ISLAM

QUESTION:

Is it permissible for a man married for 18years with two young children to take a second wife just to secure a business deal. The man is saying there is no personal attachment to the second wife because he does not financially support her, he does not live with her and there was never any sexual relations with her. He only meets her for business meetings and they go there separate ways. Also she is free to have a personal life and he does not care. They both agreed to this and as soon as there business deal comes through they will dissolve the marriage.  She is getting 25% financial rewards in all this.  As his first wife how am I suppose to accept this especially since I was unaware of it until her father informed me who is also extremely upset. She is older than me divorced and has a ten year old child.  My husband has said I have nothing to worry about. He indicated to me he asked her to spiritually marry him for loyalty to the deal which she also said to me.   Can you please guide me.

ANSWER:

As Salaam Alaikum,

What you have described is a marriage of convenience which the Shariah does not accept. The man is using the facility of marriage for his own personal gains and is not concerned and prepared to fulfilled his obligations as a husband in the marriage.

The manner in which the both parties are conducting themselves shows that they do not believe they are married to each other. It is simply a ‘cover up’ for their meeting and mingling with each other.

In Islam, marriage brings with it, responsibilities, duties and commitment from each party. However, in the situation which you have described we find that:

  • The man has no personal attachment to the second wife.
  • He does not financially support her.
  • He does not live with her or spend any time with her.
  • He never had sexual relations with her.
  • He meets her only for business meetings.
  • The second wife has her own personal life which is of no concern to the man.
  • He asked her to spiritually marry him.
  • They will dissolve the marriage as soon as business deal comes through.

All the above shows that there is really no marriage between the both parties. They have conveniently used the sacred institution of marriage in Islam, especially the allowance for a polygamous marriage, to justify their actions. Their agreement to conduct themselves in this manner is null and void, since the above conditions which they have made, are all invalid conditions. According to the Shariah, a marriage which is contracted with invalid conditions will be invalid. Therefore, their marriage with each other on these conditions in not valid and legal in Islam, and they do not have a marriage with each other. The man is required to immediately stop this Haram relationship and repent to Allah for what has happened so far. If he wants to keep the marriage, then he must live with this woman as his second wife and fulfill all the responsibilities as a husband, with respect to financial support and maintenance, living with her and spending time with her, just as he does with the first wife, and keeping her in a comfortable residence just as he had done for the first wife. If he cannot fulfill these conditions, then it is Haram (unlawful) for him to take a second wife.

As for being spiritually married to another one, there is nothing like this in Islam. This is merely a fabricated concept which the man entertains in his mind.

 

And Allah Knows best

Mufti Waseem Khan

11/12/2017

non islamic greetings

Message: Salaams. I am a recent revert to Islam through marriage. My parents are Hindus and their custom is when they meet they will say sita ram. I would like to know if its permissible to reply back to them sita ram because it’s my parents and I don’t want to be disrespectful to them and I don’t want them to think that because I am now Muslim I am forgetting where I came from.

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

The greeting of ‘Sita-Ram’ is a religious greeting which has a special meaning and significance and are connected to beliefs that are shirk (polytheistic in nature), hence, it is not permissible for you to reply them by saying these words. Not replying them with these words would not bring about any form of disrespect since they know that you are a Muslim and will follow the teachings of Islam with respect to greetings etc.

It is not a matter of forgetting where you come from since you will always be their child and they will always be your parents. You must continue to show humility, love and respect to them which will make it clear to them that you have not disowned or neglected them. As for replying greetings or giving greetings, these do not cause any problems in maintaining good relations.

And Allah Knows Best.

Mufti Waseem Khan.

29/02/16.

In a custody battle? Who gets the children and when?

Q: I am presently in a custody battle with my wife for care and control of my children. She said in her affidavit two things that i need clarified in an official e-mail from your institution. they are : 1) That a man needs permission from his first wife before taking a second wife. 2) That when the female child is baling (mature) about 8 or 9 years that there is no Islamic law that says she has to stay with her father.

1st July 2015.

To Whom it may Concern,

Respected Sir/Madam,

With respect to the questions asked, we submit the following answers:

  1. According to the teachings of the Holy Quran and that of the Prophet Muhammad (Upon whom be peace), there is no requirement for a man to seek permission from his first wife before taking a second wife. In this regard, the Holy Quran states ‘Marry women of your choice, two or three, or four, but if you fear that you shall not be able to deal justly (with them), then (marry) only one.’ (Surah An Nisa (Chapter 4, Verse 3 – The Holy Quran). In this verse, no condition has been placed upon the husband that he must seek permission before marrying a second, or third or fourth wife. Instead, a condition mentioned in the verse is that a husband must be just and fair with his wives. If he cannot do that, then he must only take one wife.
  2. According to the Islamic law, a mother is entitled to the custody of a male child until seven years of age and a female child until she reaches the age of puberty. After this specified age, the father is the only guardian who looks after the welfare of his children. (See Shariah-The Islamic Law by Professor Abdur Rahman I. Doi, Pg. 215 Taha Publishers Ltd. London 1984.)

And Allah Knows Best.

Qadhi Mufti Waseem Khan.

01/07/15.

Sports for girls.

Q: As Salaamu Alaikum,
I’m interested in joining my 2 year old daughter in a toddler Gymnastics class but someone said to me to find out the Islamic view on it since it may stretch the hymen. So I did research online and found out that it may or may not stretch hymen and it’s in same category as a girl doing a lot of physical activity(not necessarily stretching), horseback riding(I assume fast with both legs on either side) or riding a bike(I assume fast).

So does that mean girls in general shouldn’t be so active? Also is stretching of the hymen haraam? Since it’s not like they intentionally doing activities for that purpose and its easy as even climbing a tree can burst hymen. And then Kung Fu/Martial Arts etc., what would be the ruling? Because I intended to join her ASAP in those but the squats and all that would be stretching hymen?

A: Wa Alaikum As Salaam,

Stretching of the hymen is not haram. It’s just a matter of it being a sign of one’s virginity (for some men), and this is what women are concerned about. So, once the environment is not against the laws of Shariah for doing activities, exercise etc., it will be permissible to do. Hence, your 2 year old toddler can go the classes.

And Allah Knows best.

Mufti Waseem Khan.

13/05/15.