Your Questions Answered (volume 5)

Q.80: Redress For a Woman Neglegted By Her Husband

Why can't a woman divorce a man? Under extremely difficult circumstances when the man has left his wife refusing to give her 'talaaq', how should she be able to marry another man?

A. In the condition mentioned in the question, the woman may refer her case to the Mujtahid (or his authorised agents) who would direct the husband to maintain her and treat her according to Islamic shari'ah. If the husband persists in his misbehaviour, the Mujtahid (or his agent) would give her talaq by his own authority.

Why the woman has not been given the authority to give talaq to her husband? For its reason, read my booklet "Family Life of Islam" (pp. 44-52 and 63-67).

MARRIAGE WITH UNCLE'S DAUGHTER

If I marry the sister of A, can my son marry the daughter of A?

Q. 81: BIRTH CONTROL DEVICES AND RULE OF 'IDDAH

If I enter in mut'ah and use Birth Control, is she required to observe 'idda after the expiry of the period of mut'ah or not? A. Yes. 'Iddah is compulsory, if sexual relation has been established even once. There is no escape from it.

Q.82: CAN A WOMAN IN 'IDDAH GO FOR SHOPPING?

During 'Idda, is a woman allowed to go out for shopping if she has no servant? Should she remain in the house all day?

A. She may go out during 'Iddah, if need be, observing proper hijab.

Q. 83: CAN A MUSLIM WOMAN MARRY A NON-MUSLIM?

A Shi'a adult girl wants to marry a Christian man. The man is not prepared to accept Islam. Can we arrange their marriage in our Imambara? If refused, they threaten to go to church for the marriage?

A. Marriage of a Muslim woman with a non-Muslim man is not allowed in Islamic Shari'ah. It is strictly forbidden in the Qur'an,and no Islamic sect has ever allowed it. There is no difference on this matter between Shi'a and Sunni sects.

Therefore the said "marriage" wIll not be a marriage. It makes no difference whether any ceremony is performed or not, and If it is performed then it is done In church or masjid, it will be totally null and void; if the man and woman remain together they will be living in sin; and the children of such union will be illegitimate.

Q.84: ABOUT MUT'AH

1. How many times a man can contract a woman in mut'ah? I mean to stay, with same woman. Suppose I contract mut'ah for 7 days and then after, say, one month I want to contract again with the same women. How many time in this way I can contract, mut'ah?

2. If I contract mut'ah with a woman for 7 days and after 7 days she wants to contract mut'ah with another man, is she required to observe 'Idda or not?

A. A woman married in Mut'ah has to observe 'Iddah which in her case is two monthly courses, or two months. If in that period, signs of pregnancy appear, then the 'Iddah will continue upto the delivery of the child. But if the same man who had done mut'ah with her wants to extend the mut'ah period, or wants to remarry her, there Is no need of 'Iddah.

Q85.The rule of 3 divorces and mutah marriage

If a married woman is divorced three times, the ex-husband cannot marry her again until she is married to another man and divorced. Now if I enter in mut'ah for, say, 7 days, after 7 days she is no longer my wife; now after, say, 15 days I again enter in mut'ah with same woman for, say, 10 days and after 10 days she again will remain no longer my wife.

Say, after one month I again enter in mut'ah with her for one month and after one month she Is no longer my wife. Thus I have entered in mut'ah with the same woman for three times now. If I intend to enter in mut'ah with same woman again, is it permitted for the 4th time, or 5th time or 6th time?

A. In mut'ah marriage, there is no "divorce", because the marriage terminates by itself on expiry of the agreed period, while in permanent marriage divorce is required to terminate the marriage.

It should be now clear to you that the rule about "3 divorces" is not applicable to mut'ah marriage, for the simple reason that there is no divorce here. Therefore, one may marry the same woman as many times as they agree.

Q. 86: SOME CEREMONIES AT MARRIAGE TIME

During our marriage ceremonies, one notices that the customs we practise are very unlslamic. According to 'shari'ah' are we allowed to sprinkle flowers on the bride and groom, to break earthen pots beneath their feet, and cut wedding cakes? In the above, please note, that we aren't mixing men and women nor are we playing music etc... but are just following the customs and traditions of our grand-parents which make the wedding lively and more enjoyable. If we can't do the above, please, what should we do apart from the 'nikah' ceremony to make a marriage a more lively occasion.

A. There is no harm in showering flowers on the bride and bridegroom. Cutting wedding cakes is western culture and breaking earthen pots a Hindu rite; both these rites should be avoided.

Q87: IS VANNEY ALLOWED?

A vanney is a ceremony in which the mother of the bride covers herself and the daughter with velvet cloth; and the relatives, in turn, come, to her, kiss her, give her a sweet or 'attar", sprinkle confetti on her and give her some money. Is this allowed? A. There is no harm if it involves only those male relatives wno are "mahram", or if it is done by ladies only.

Q. 88: PURDAH DURING MARRIAGE CEREMONIES

By your answer, does it mean that after nikah, the bride and groom on reaching home are allowed to be met by ONLY their parents (the other relations being either na-mahram of the groom, bride, or each other)? In Arabia during the Prophet (s.a.w.a.) 's times, how did weddings take place? Weren't they full of music etc.?

A. You should not confuse the matter by using the word " music" for the chant or songs sung by women during wedding in those days.

So far as shari'ah is concerned the rule of "purdah" is not relaxed for marriage ceremonies, although nowadays only few "old-fashioned" women seem to care about it in marriage gatherings. To compound the evil, now video films are made of the whole ceremonies, and shown everywhere thus a wrong committed for a few hours in perpetuated for years.

Q. 89: HIJAB RULES AND LOOKING AT A WOMAN OR MAN

Are we allowed to look at women who are veiled with their faces open? Are women allowed to look at men if they are themselves properly veiled? Or if they aren't properly veiled? Do men have any necessary covering like women have to wear hijab? Can a man look at an unveiled Muslim or non-Muslim without a 'lusty1 intention? Does 'lusty" include:

(a) admiring her facial features? (b) admiring her clothes? (c) admiring the contours of her body? (d) admiring her parts which are left bare eg. legs, hands, etc.

If l am mahram to a lady, am I allowed to look at her private parts? To what extent is she allowed to show me her body?

A. Here is the gist of the full mas'ala, which covers all your enquiries on this subject: Woman is obligated to cover her body (except face and two palms) from all men except the husband and those who are in prohibited degree like father, son etc. It is wajib for her to cover even her face and palms from all-other than husband-even from mahram if he looks at her with lust; rather it is ahwat to hide the face and palms from ghair-mahrams in all cases.

Man is not obligated to hide his body except the private parts. But it is haram for woman to look at his body-except the face, head, neck, hands and feet She may look at the above- mentioned parts (face etc.) if there is no lustful intention or enjoyment, although it is ahwat not to look at these parts In any case.

Man may look mahram women, provided there is no lust or enjoyment. He is not allowed to look at Ghair-mahrams even without lusty intention; it is ahwat not to look even at Ghair- mahram woman's face and palms.