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Protection from Zina

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum Wa rahmatullahi Wa barakatuhu,

I read about temporary marriage on :

http://www.islam.org.au/articles/12/TMPMRIG.HTM

and it mentions that it is Haraam.
What is the real difference between a temporary marriage and a non-temporary marriage ?
All I understood from the above link is that the bride groom cannot marry the bride for fixed periods.

I understood that, if a marriage is “fixed for a period” such as 1 year or 2 etc. then the marriage is invalid.
I also read that, marriages can be based on “conditions” such as :

* if the husband or wife commits adultery then the marriage will break
* if the wife leaves the house with-out the husband’ permission then the marriage will break
* etc.

I heard that “conditions” can be drawn for the marriage which states that as-long as these “conditions are met” then the marriage is alive and if any of these conditions are broken then the marriage can be broken.
Is this true ?

Our Young Boys Positions Today :

As you know brother, in the west, it is real hard for young boys not to mix with girls.
We have them in schools, colleges, universities, work-places, etc. and if you do not co-operate with them then you will be expelled.
And we cannot afford to be expelled otherwise who will feed our parents ?
Also, if we leave our work-places and apply for state benefit then they will refuse to give-it as the west does not consider “a boy leaving his work simply because he does not want to mix with his female colleagues” a valid reason to quit a job.
Also, we have girl neighbours who are always inviting us to fornicate.
We try to avoid them but it is always impossible as we cannot hide inside our houses all the time.
Sooner or later, some brothers fall in-to their traps and cannot get-out.
There are lots of young Muslim boys who want to get-out but are too weak to do it.

What if I am in the following conditions :

* go to university and stay in hostel (where there are girls who always invite me for sex even though I always turn them down) because I cannot afford to rent a place on my own.
* work part-time (where there exist female colleagues who always invite me for sex even though I always turn them down) and cannot find full-time employment unless I get my degree qualification.

As you can see from the above state, I cannot afford to stay away from females.

I know you will advise me to get married to save myself from the sin of fornication.
But, what if I am not the oldest brother in the family and I have older brothers who have to get married first, who are unemployed and are looking for work to save money to get married themselves ?

As you can see, my older brothers need to get married first otherwise if I get married first then there will be gossip in my society that I am fornicating and so my parents got me married first.
This will ruin our family reputation which we cannot afford.
Also, I cannot afford to get married as I only work part-time and this is not enough to get married as bride’ families now-a days do not accept us boys to marry their daughters unless we spend a lot of money and give a big celebration.
Plus, with-out my qualifications, I cannot find a decent salary job and so I cannot afford to quit my studies.
What if my other Muslim friends are dating and mating with their university hostel girls and class mates and work-colleagues and are always influencing me to do the same and I am trying hard to ignore them but cannot because naturally I am weak inside ?

Now, you can see that, I am in a very bad situation and I cannot get out of it.
Now, what can be done brother ?
We students cannot afford to get married.
Women are tempting us every-where as they are always curious to see how it feels to sleep with this boy and that boy.
We are getting weak and our head is always hot and disturbing our studies and work.
Can we marry Christian girls from university or work who are willing ?

What if I have feelings for a Christian girl whom I always have to mix in class and work and she has the same feelings for me ?
Can I marry secretly this Christian girl from university/work who I cannot avoid at-all and who always tempts me ?
This will save me from fornication.
This way, she gets her curiosity satisfied about me and she is saved from fornication and I get my curiosity satisfied about her and I save myself from fornication.
It will then clear our heads and we can study and work with-out always thinking of each other.

Can I not marry her with-out fixing a period of marriage, until my parents marry me to a muslim girl ?
e.g.. instead of fixing a date such as marrying her for 1 year or 2 year.
Can I not marry her with this intention/Niyyah and with these conditions that :

1. I am marrying her to save myself from committing fornication like the others are up-to.

2. I will be free to divorce her whenever I like.
e.g..
a) any unfixed day before I marry a Muslim girl
b) any unfixed day after I marry a Muslim girl

This way, according to my opinion, there is no time fixed on the marriage and so cannot be associated with the Haraam “fixed marriage” or “temporary marriage”.

What if the marriage has the following conditions :

that I would divorce her :

a). on the day I marry the Muslim girl.
b). she will be free to ask me to divorce her whenever she likes and we can arrange a divorce date only after her request.

Would the above 2 conditions be valid ?
According to the above 2 conditions, there is no “fixed date” when I would divorce her and so I think 
this cannot be counted as “marriage for a fixed period”.
I understand that this marriage is based on “conditions” that :

1. we will be married to each other unless one of us wants to break the marriage or
2. I find another bride or
3. she wants a divorce because she wants to find another husband

but these “conditions” do not “fix a time-period of the marriage”.
We are not “fixing” at what date I will divorce her to marry another or what date I will divorce her for her to marry another.

What conditions must be met for the marriage to be Islamicaly valid ?
Do any of the above conditions fall in-to the Islamic marriage conditions ?

What if I have friends and relatives who are in the same bad position as me but they could not resist the temptation and have fallen in-to the trap of Shaitaan ?
Can they now like-wise marry their partners with whom they are fornicating ?
This way, according to my opinion, at-least they save themselves from fornication.

Please reply soon.

PS – Please forward this message to all the Muftis and Islamic advisors you know and kindly ask them to kindly reply ASAP because the sooner this problem is solved the better.
I want to save those who are already involved in this trap of Shaitaan and I want to help those who are likely to fall in soon.
So, please give all the help you can according to Sunni Fatwaa.

Assalamualaikum Wa rahmatullahi Wa barakatuhu

I am a female Muslim and am in the same situation, we are both student, but I work part time and a lot more independent.

 

However, we are both Muslim, and both see that Nikah, is expensive, too forward( we have 4 older brothers & sisters), I don’t want to loose him for these reasons, it is hard enough finding a Muslim man, that you are on the same or similar wave length.

 

Any way, what are the procedures for a temporary marriage?

 

Please I need advice. I have no one to talk to except him, and he is as dumbfounded about this as I am.

 


Answer:

 

                  

To protect yourself from committing Zina (fornication) you should marry that Christian lady with whom you have a close relationship in the presence of two witnesses without stipulating a period of time.  An easy of doing it is as follows:  You should mention the following words in the presence of two witnesses that:  “I have married you.”  She should reply by saying:  “I have accepted.”  If one has the intention of that after a certain period of time he will give the lady Talaaq (divorce) then this intention will not affect the Nikah in any way but it will be better for him to make Nikah without this intention.  When he feels that it is necessary for him to divorce her then he should give her one Talaaq-e-Baain (irrevocable divorce).  One should take precautions as not to have any children out of this wedlock since one is only getting married to stay away from Zina and one has the intention of divorcing the lady in the near future.

If a Muslim female also has the fear of committing Zina then she too is allowed to marry a Muslim male in the following manner that she should mention at the time of Nikah that:  “I married you on condition that I may give myself one Talaaq-e-Baain (irrevocable Talaaq) at any given time.”  The other party should reply by saying:  “I have accepted this Nikah with the condition mentioned.”

In addition you should also associate with the Ulamaa and pious saints in your locality.  You should take part in their gatherings, engage in work of Tabligh, wear such type of clothing or have such an appearance that will not attract the opposite sex towards oneself, e.g. wear Islamic dress, keep a beard, wear Niqaab, etc.  One should recite the following Tasbeeh daily morning and evening at least once:  “Yaa Hayyu Yaa Qayyoom, Bi Rahmatika Astagheethu.  Aslih li Sha’nee Kullahu wa Laa Takilni Ilaa Nafsiy Tarfata ‘Ainin.  Allahumma Innee A’oothubika min Fitnatin Nisaai wa min Fitnatil Mahyaa wal Mamaat.”  (This is for the male)

For the female:  “Yaa Hayyu Yaa Qayyoom, Bi Rahmatika Astagheethu.  Aslih li Sha’nee Kullahu wa Laa Takilni Ilaa Nafsiy Tarfata ‘Ainin.  Allahumma Innee A’oothubika min Fitnatir Rijaali wa min Fitnatil Mahyaa wal Mamaat.” 

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

09 May 2005

30 Rabee’ul Awwal 1426

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