Fathwa, - Father wants to divorce daughter from gay husband but she refuses- - - - - * see more useful ISLAMIC & GENERAL Articles at - http://aydnajimudeen2.blogspot.com/═◘◘◘◘◘◘◘◘◘◘◘◘◘ - -

Question
Assalamu alaikum. I am writing this for a desperate father whose
daughter got married a guy )homosexual( without knowing . During a
counselor session he disclosed that he is a guy. Now the father wants
to get divorced from him but she says she wants him and she will
adjust her life with him. My question is if the father let her to
continue with him what is the islamic rule on this. Kindly give an
advise as early as possible for taking a decision on the subject. I
know homosexuality is haram . Please clarify Your earliest response
will be highly appreciated. With regards, Ismail
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.
It is an obligation to advise that man to repent from this abominable
sin, and he should be reminded of Allaah and His severe punishment if
he meets his Lord with this sin. Hence, we recommend advising him in a
gentle manner, and opening the door of hope to him ]i.e. telling him
not to despair[ and clarifying to him that the mercy of Allaah is
vast, and that if he repents, Allaah may change his sins into good
deeds, hoping that he might repent and give up this sin.
With regard to this marriage, if it had taken place without the
consent of the wife's guardian, then it is a void marriage and it must
be invalidated because the consent ]and presence[ of the guardian is a
condition for the validity of the marriage contract as we clarified in
Fatwa 83629.
If we presume that this marriage took place with the consent of the
guardian, then it is permissible for the wife of that man to stay with
him as a wife. However, if he persists in his sin, it is desirable for
her to ask him for divorce;Al-Buhootisaid: "The wife is like the
husband in this regard; so if he abandons a right of Allaah, it is
desirable for her to ask him for Khul' because of him abandoning the
rights of Allaah."
Therefore, you should urge this wife to separate from him and clarify
to her that there is no good in being a wife to such a husband, and
that she may be greatly harmed from him by him transmitting some
sexual diseases to her, or badly influencing the upbringing of her
children in case she has children with him, and the like of such
harms. In case she still wishes to stay with him after clarifying all
this to her, then she may do so.For more benefit, please refer to
Fatwa 117370.
Finally, if her parents order her to ask for divorce, she is obligated
to obey them in case he does not repent as this is a valid reason )for
asking a divorce(, and obeying them in this matter is obeying them in
what is permissible.
Allaah Knows best.

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NAJIMUDEEN M/
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Fathwa, - He suspects that his sister-in-law is a lesbian- - - - - * see more useful ISLAMIC & GENERAL Articles at - http://aydnajimudeen2.blogspot.com/═◘◘◘◘◘◘◘◘◘◘◘◘◘ - -

Question
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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GOOD MORNING! - HAVE A NICE DAY!!

Dought & clear, - Should he obey his fatherand buy him alcohol?

My father drinks alcohol, and he asks me to bring him alcohol, and I
cannot say no to him, because he is the source of income in the house.
Will I be brought to account for this alcohol that I buy?.
Praise be to Allaah.
Allaah has enjoined upon sons to honour and obey their parents. Allaah
says (interpretation of the meaning):
"Say (O Muhammad): 'Come, I will recite what your Lord has prohibited
you from: Join not anything in worship with Him; be good and dutiful
to your parents; kill not your children because of poverty' -- We
provide sustenance for you and for them. Come not near to Al-Fawaahish
(shameful sins and illegal sexual intercourse) whether committed
openly or secretly; and kill not anyone whom Allaah has forbidden,
except for a just cause (according to Islamic law). This He has
commanded you that you may understand"
[al-An'aam 6:151]
And Allaah says (interpretation of the meaning):
"And your Lord has decreed that you worship none but Him. And that you
be dutiful to your parents. If one of them or both of them attain old
age in your life, say not to them a word of disrespect, nor shout at
them but address them in terms of honour"
[al-Isra' 17:23]
This obedience is obligatory, unless they tell you to commit shirk
(associate others in worship with Allaah) or to commit sin.
Because there is no obedience to any created being if it involves
disobedience towards the Creator.
Alcohol is forbidden according to the Qur'aan and Sunnah and scholarly
consensus.
Allaah says (interpretation of the meaning):
"O you who believe! Intoxicants (all kinds of alcoholic drinks), and
gambling, and Al-Ansaab (stone altars for sacrifices to idols, jinn
etc), and Al-Azlaam (arrows for seeking luck or decision) are an
abomination of Shaytaan's (Satan's) handiwork. So avoid (strictly all)
that (abomination) in order that you may be successful.
91. Shaytaan (Satan) wants only to excite enmity and hatred between
you with intoxicants (alcoholic drinks) and gambling, and hinder you
from the remembrance of Allaah and from As-Salaah (the prayer). So,
will you not then abstain?"
[al-Maa'idah 5:90-91]
Ten people have been cursed with regard to alcohol, including the one
who buys it.
It was narrated that Anas ibn Maalik said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) cursed ten with regard to
alcohol: the one who squeezes it (the grapes etc), the one for whom it
is squeezed, the one who drinks it, the one who carries it, the one to
whom it is carried, the one who pours it, the one who sells it, the
one who consumes its price, the one who buys it and the one for whom
it is bought."
Narrated by al-Tirmidhi, 1259; Ibn Maajah, 3381.
This hadeeth was classed as saheeh by Shaykh al-Albaani inSaheeh
al-Tirmidhi, no. 1041.
To sum up, it is not permissible for you to buy alcohol for your
father, or to obey any created being if it involves disobedience
towards Allaah, even if that will make him angry and make him pray
against you, because he is sinning by doing that, and his du'aa'
carries no weight in sharee'ah.
It was narrated from 'Aa'ishah (may Allaah be pleased with her) that
the Messenger of Allaah (peace and blessings of Allaah be upon him)
said: "Whoever pleases Allaah by angering the people, Allaah will
suffice him, but whoever angers Allaah by pleasing the people, Allaah
will leave him to the people." Narrated by Ibn Hibbaan in hisSaheeh,
1/115; classed as saheeh by al-Albaani in al-Silsilah al-Saheehah,
2311.
We ask Allaah to guide your father.
And Allaah knows best.

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NAJIMUDEEN M/
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Dought & clear, - Ruling on consuming caffeine

Can caffeine be considered as Haram(not allowed for Muslims) · since
it is considered alkaloid and it is in the same group as Nicotine,
Cocaine, Morphine, LSD.....? Also excessive intake of caffeine can
cause restlessness, insomnia, heart irregularities and delirium.
Praise be to Allaah.
Undoubtedly anything that is harmful is haraam. Hence Allaah forbade
alcohol because it affects the mind, and smoking is forbidden because
it causes widespread harm and diseases. It is also known that there
are permissible drinks which do not cause harm, such as coffee and
tea, which usually do not cause harm and are usually drunk for
relaxation, so there is nothing wrong with drinking them. And there
are other good drinks such as milk and fruit juices. If some of those
things which are nowadays known as refreshments cause harm, then they
should be considered an extravagance.

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Regards,
NAJIMUDEEN M/
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