Is It Permissible To Allow A Christian
Wife To Practice Her Religion In The Home: It Is Not
Permissible To Force One's Wife To Give Up Her Rights
Before Divorcing Her
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
I know that Allah (S) has permitted us to marry
Christians and the Jews. Now, can she practice her
religious rites in the same house and have pictures of
the crucifiction of Jesus (A) and celebrate
Thanksgiving, Christmas and etc. Can her kids join
her? If no, would not it hurt her feelings? Please,
answer me on this issue.
Praise be to Allaah.
It is not permissible for a Muslim to allow his wife
from among the People of the Book to celebrate her
festivals in his home, for the man is in charge of
that woman and she does not have the right to openly
celebrate her festivals in his home, because of the
resulting effects of corruption, forbidden things and
display of the symbols of kufr in his home. He should
keep his children from taking part in those innovated
festivals, because the children belong to the father
and he should keep them away from these forbidden
celebrations. At the same time he should direct them
towards what will benefit them, even if that affects
his relationship with his wife. The aims of sharee'ah
and protecting one's religion – which is one of the
most important aims of sharee'ah – take priority over
everything else.
Imaam Ahmad ibn Hanbal was asked about a man who had a
Christian wife – could he let her go out to join in
the Christian festivals or to go to the church? He
said, no.
In al-Mughni (1/21), Ibn Qudaamah says: "(Treatment of
women): If his wife is a dhimmiyyah [a Jew or
Christian living under Islamic rule], he can prevent
her from going to the church, because that is not an
act of obedience to Allaah."
If these scholars said that the husband should stop a
Christian wife from going to church, then what do you
think is the case with regard to her celebrating these
innovated festivals in the house of her Muslim
husband? Especially when we know the harm that results
from these festivals, which is far worse than her
merely going to the church. And Allaah knows best.
Sheikh Muhammed Salih Al-Munajjid
It Is Not Permissible To Force One's
Wife To Give Up Her Rights Before Divorcing Her
What is the ruling on forcing a wife to give up
her rights before divorcing her?.
Praise be to Allaah.
It is not permissible for a husband to take anything
of his wife's wealth unless she gives it willingly;
that includes her mahr, except in a case where the
wife has committed a blatant immoral action. Allaah
says (interpretation of the meaning):
"but if they, of their own good pleasure, remit any
part of it to you, take it, and enjoy it without fear
of any harm"
[al-Nisa' 4:4]
"and you should not treat them with harshness, that
you may take away part of the Mahr you have given
them, unless they commit open illegal sexual
intercourse"
[al-Nisa' 4:19]
Ibn Qudaamah said:
The scholars are agreed that the husband may not take
her wealth, except in the case of willful defiance and
bad conduct on her part. Ibn al-Mundhir narrated that
al-Nu'maan said: If the wrongdoing and mistreatment is
on his the husband's part and she seeks divorce by
means of khula', then it is permissible for him (to
take the mahr), but he is sinning because of his bad
conduct, and he should not be forced to return what he
took.
Ibn al-Mundhir said: What he said goes against the
apparent meaning of the Book of Allaah, and the proven
reports from the Prophet (peace and blessings of
Allaah be upon him), and the consensus of the
scholars.
Al-Mughni, 3/137
Shaykh al-Islam Ibn Taymiyah said in Majmoo' al-Fataawa
(32/283):
It is not permissible for a man to treat his wife
harshly in order to make her give up part of the
dowry, or to beat her for that purpose. But if she
commits an blatant act of immorality then he has the
right to treat her harshly in order to make her give
up her mahr or some of it (so he can divorce her), and
he may hit her. This is between the man and Allaah.
The woman's family should investigate the matter and
fid out who is in the right. If it is proven to them
that she is the one who transgressed the sacred limits
of Allaah and betrayed the husband, then she is a
wrongdoer and transgressor, so she should give back
the mahr (or part of it). End quote.
What is meant by the act of blatant immorality (or
"open illegal sexual intercourse") mentioned in the
verse (interpretation of the meaning):
"and you should not treat them with harshness, that
you may take away part of the Mahr you have given
them, unless they commit open illegal sexual
intercourse"
[al-Nisa' 4:19]
is adultery and lack of chastity, and bad behaviour
such as using foul language and offending her husband.
See Tafseer al-Sa'di, p. 242
And Allaah knows best.
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