Your Questions Answered (volume 4)

Q 90: Muslim Husband, Christian Wife

What is the proper way to divorce a wife who is a Christian? The marriage was performed according to Christian rites when both husband and wife were Christian. Now the husband has become Muslim but the wife does not want to follow him into the fold of Islam. (Asked by an American Shi'a)

A. According to Shi'a Shari'ah if a Jew or Christian is married to a wife of the same faith, and the husband becomes a Muslim but the wife does not convert to his religion and retains her religion, then the marriage continues; there is no need for divorce. Of course, he should bring up the children in Islamic faith and should not leave them to become Jew or Christian. Also, he should make the wife abstain from liquor and pork.

I hope this explanation solves your problem.

Of course, in the opposite case when the wife becomes Muslin and the husband remains Christian or Jew, the wife will separate from the husband at once, and start an 'Iddah of 3 months.

If within this period the husband becomes converted to Islam the couple may rejoin and the previous marriage remains valid.If he does not become a Muslim in this period then the wife, at the expiry of these 3 months, may marry another man.

Q91. ON BIRTH CONTROL

According to "fatwa" of our late Mujtahid, Mohsin Al-Hakiim contraception (birth control) is allowed on three conditions, viz. If both partners agree, if it does no harm to eitner, and if it does not affect the child (if it is born). Recently, Rabetat al-Alam al-lslami (Muslim World League), put out a "Fatwa" that birth control is forbidden in Islam.

This view is also held by Abul A'la Maududi: the Muslim scholar of Pakistan (see his book 'Birth Control' published by Islamic Publication Ltd. Lahore); also S. V. Meer Ahmed Ali in the translation of the Holy Qur'an states that birth control is forbidden in Islam. I should be grateful if you could please provide me from Ahadith and Qur'an, to support the view that birth control is allowed in Islam.

A. Birth control, as a principle is well-accepted in Islamic jurisprudence since the very beginning. Arabs used to prevent unwanted pregnancies by withdrawing the organ at the time of ejaculation. It is called 'Azl in Arabic, which in medical parlance termed Citus interruptes and it is allowed in Islam. There are traditions by at least 10 companions that the Holy Prophet (s.a.w) allowed it or did not object to it.

These traditions are in Sunni books. Of course, there are some traditions (also in Sunni books) which show that it was "not liked" by some companions of the Holy Prophet. Also, there is a tradition which shows displeasure of the Holy Prophet (s.a.w). But that tradition has a weak "Rawi" (narrator) in it and as mentioned above there are at least 10 traditions against it.

So far as the Sunnis are concerned, they are not clear on this subject. Some years ago a large body of world Sunni scholars, gathered at Jakarta, decided this question in almost the same way as Agha-e-Hakim had done.

And that was considered a verdict based on consensus. Our Sunni brethren some times fail to distinguish between "undesirable" and "unlawful". Also, they some times fail to differentiate between legal and ethical concepts. And that is the root-cause of this controversy in Sunni circles.

Agha-e-Khoui has given his ruling in a more clear term. He has written:-"Mas'ala 1378: The woman may use what prevents pregnancy if there is not much harm in it, even if husband does not agree to it.

"Mas'ala 1379: Abortion (even when it is in the stage of "Nufta only) is forbidden......... " I think it clarifies your question that you "Know of no contraceptive which does no harm."

Q92: A CHILD BORN OF ARTIFICIAL INSEMINATION

In Bombay they have started a new scheme. If a couple does not produce, and after medical checkup it is found that the fault is with the man, then they insert the sperm in woman by instrument. The couple is not told whose sperm is that. Is the child bom Haram or Halal? Is this type of production allowed? The sperms are inserted only after the he himself consents. It is the husband's wish. He is ready for that.

A. It is Haram; and the child will not be affiliated to the husband of its mother although it will be affiliated to the mother only. Of course, if the semen is that of the husband himself, then it is all right is all right.

Q.93: IS BREAST-FEEDING WAJIB?

Is it wajib for a mother to feed her infant child from breast? If the answer is Yes', then, if the mother gets trouble healthwise etc what should she do? If the answer is 'No', then I came across a book which says that if a mother doesn't feed her child with her breast then on the Day of Judgement the child would refuse to recognise its mother, saying that the mother never fed him from her breast.

A. The mother is not obliged to breast-feed her child. In fact, she may demand remuneration from her husband for breast-feeding his off-spring.

Of course, as now everybody knows, breast-feeding is very beneficial both to the mother and the child. It helps in bringing the uterus to its normal size and acts as a sort of natural birth-control. And the love and sense of protection which is thus generated and transmitted from the mother to the child can never be obtained by any other means.

This is quite apart from the fact that the mother's milk is the best food for the child. Even medicated cows' milk can not reach the standard of perfect harmony with the child's body-system.

It is for these reasons that Islam puts great emphasis on breastfeeding. But if the woman is not able for any reason to do so, there is no sin at all. I have not yet come across any hadith saying that a child would refuse to recognise its mother on the Day of Judgement if she did not give it her milk from her breast. Even supposing that there is any hadith to that effect, it would be treated as a mere exhortation and not as a law.

Q.94: HOW CAN A WOMAN GET HER MARRIAGE DISSOLVED?

If a husband refuses to give talaq to his wife, what course is open to the woman, under Islam. And on what grounds can she get her nikah nullified?

A

(a) She can ask the husband to give her Khula' in lieu of some payment (which is usually the amount of the mahr)

(b) If the husband has disappeared without leaving any trace or is neglecting to maintain her, or is cruel then she can refer her case to Mujtahid, who has the authority to give her talaq.

(c) In case of the insanity of the husband (whether it was before marriage or occurring after marriage) she has the right to break off the marriage without any need to refer the case to a Mujtahid

(d) If the husband was impotent from before the marriage then she will refer the case to the Mujtahid. The Mujtahid will give the husband a grace period of one year for treatment. If at the expiry of that time, he still remains impotent, the wife may nullify the marriage herself.

Q 95:ADULTERY OF EYES?

Islam says that 'a person has already committed adultery if he looks at a girl with lustful eyes'. Then what is wrong committing adultery physically?

A. Islam also says: "nor backbite each other would any of like to eat the flesh of his dead brother; ye lothe it". (Qur'an 49:12)

Well, if you have already indulged in backbiting against someone then what is wrong if you eat his flesh after he is dead and buried? And for your information, the full "hadith" is as follows:-

"The Prophet (saw) said: Every organ of a human being has a share in fornication : the fornication of eye is "looking at';and fornication of tongue is 'talk'; and fornication of ears is 'listening' and fornication of hands is 'assault', and fornication of feet is 'going to'; and it is the genital which either confirms all the above or cancels it."

I think there is no need to explain further the above hadith

Q96: USING HAIR-DYE

I have heard that there is great thawab (reward) in dyeing hair; and that it is beneficial to eyesight and gums there are many hair-dyes in market nowadays, but many of which cause more harm than benefit to the hair and the gums.So, how is that?

A. Using the hair-dye (Khidab) is Sunnah. Its actual benefit is to improve the appearance of man; he looks younger because his hair becomes black. And this benefit is obtained from any dye or colour. Other benefits depend upon the ingredient used in that dye.

In old times, henna was mostly used for colouring the hair; also some black dye was used, but it was made of herbs and non-poisonous ingredients. Nowadays, the dyes are made of powerful chemicals, and if it is poisonous then those additional benefits will not necessarily be found in them.

Q 97: LIMIT OF THE BEARD

Is it sufficient to have the beard on the chin only, instead of keeping the full beard from ears to the chin?

A.

Yes; it is sufficient.

Q 98: IS INTEREST A COMPENSATION OF INFLATION

It is said that receiving interest is haram. If it is so, in these days of inflation one loses the value of his money as the inflation increases. Then doesn't interest compensate it (though not fully)? Does it seem logical to say that Islam does not approve interest?

A. I am enclosing two past issues of "Light", in which you will find an article "Why Interest Is Forbidden?" If you ask some really knowledgeable economist, he will tell you that it is the banking system which is to be blamed to a great extent for the recurring cycles of depression and inflation. So, what you consider as the' remedy is actually the disease.

Q. 99: INTEREST AND NON-MUSLIMS

Is interest allowed from a non-Muslim institution?

A. There are two categories of 'Kafirs': Dhimmi and Harbi. Dhimmi means those Jews and Christians who are under the protection of an Islamic state. All others are called Harbi. According to Agha-e-Khui, a Muslim cannot take interest from a Dhimmi kafir; and it is Ahwat-e-Wujubi not to take it even from a Harbi.

But in both cases, if there has been an agreement that the kafir will give the interest, then the amount may be accepted not as interest but with other intentions: in the case of Dhimmi, because he has made himself liable to it and is giving it with his own free will; and in the case of Harbi,because his property is not under the protection of Islam.