Assalaamu Alaikum Waraghmatallahi Wabarakaatuh Where to start, ......a
few years ago my sister in-law separated leaving her with 2 girls
)ages today 9yrs and 5yrs(. Two years ago she moved in with miss x
)lady - not Muslim(. The kids have their own room and beds but mom
shares her bed with miss x. She and miss x visits my in laws on a
regular basis. When they visit my family and i leave immediately. Is
this correct from our side? How do we confront her about the
relationship? We know that miss x previous relationship was with a
female as well. Ps. They )sister in law & miss x( hold hands and kiss
great each other. My in laws don't want to tackle the bull by the
horns. They avoid any and all questions about their daughter. Is it
correct for me as her brother in law )I'm married to her sister( or my
wife to confront her,......asking her is she a lesbian? How do we deal
with the situation? What does the SHARIA say regarding the matter
)lesbianism(? We urgently need advice. Shukran. Was-Salaam. Ebrahim
Macpherson
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
Muhammadis His slave and Messenger.
A Muslim must beware of mixing with non-Muslims and taking them as
friends, as this involves obvious corruption to the religion and
conduct of the Muslim. For more benefit, please refer to Fatwa88293.
Your sister-in-law must be given advice not to take that non-Muslim
woman as a friend. The person who gives her advice should be someone
whom she is likely to listen to and whose advice she is likely to
accept. She should be advised in a gentle and wise manner with good
words, and her family should be stern with her and endeavor to bring
her back to her senses.
It is not permissible to assume that she is having a lesbian
relationship, as in principle, she is innocent of that until proven
guilty. For more benefit, please refer to Fatwa100853. In principle,
it is permissible for a woman to kiss another woman, but it is
forbidden in cases of suspicion.
Lesbianism is impermissible by the consensus of scholars, and many of
them have considered it a grave major sin. The evidence that it is
forbidden in the Quran is that Allaah says )what means(: }And they who
guard their private parts. Except from their wives or those their
right hands possess, for indeed, they will not be blamed. But whoever
seeks beyond that, then those are the transgressors.{ ]Quran 23:5-7[
If a woman commits lesbianism, then she is definitely sinning.
As regards its prohibition in the Sunnah,Waathilahnarrated that the
Prophetsaid: "Lesbianism among women is Zina between them."
]At-Tabaraaniin Al-Kabeer andAbu Ya'la-As-Sayooticlassified it as
Hasan )good([
On the other hand, the separation of the spouses is not in itself
considered divorce as we have clarified in Fatwa89825. So, if your
sister-in-law is still in the bond of marriage with her husband and he
did not divorce her, then her going out of his home without his
permission is Nushooz )recalcitrance( on her part. The Sharee'ah
clarified the ways to discipline a disobedient wife; Allaah says )what
means(: }Men are in charge of women by ]right of[ what Allaah has
given one over the other and what they spend ]for maintenance[ from
their wealth. So righteous women are devoutly obedient, guarding in
]the husband's[ absence what Allaah would have them guard. But those
]wives[ from whom you fear disobedience -- ]first[ advise them; ]then
if they persist[ forsake them in bed; and ]finally[ strike them. But
if they obey you ]once more[, seek no means against them. Indeed,
Allaah is ever Exalted and Grand.{ ]Quran 4:34[
If it is not possible to correct her wrongs, then mediators from his
family and her family should make a decision for them on their behalf.
Allaah says )what means(: }And if you fear dissension between the two,
send an arbitrator from his people and an arbitrator from her people.
If they both desire reconciliation, Allaah will cause it between them.
Indeed, Allaah is ever Knowing and Acquainted ]with all things[.{
]Quran 4:35[
The matter should not be left unsettled.
Allaah Knows best.
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Regards,
NAJIMUDEEN M/
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