Fatwas From Europe

The following are a few rulings or fatwas issued by the European Council for Fatwa and Research during their 15th Ordinary Session held in Istanbul, Turkey in July 2005. The findings are most applicable in communities where Muslims are a minority.


Question1:
I'm an engineer commissioned to study in Romania. I'm a single young man of the age of 32. Thanks to Allah, I pray and observe my religion as much as I can. I'm facing a great difficulty. If I marry a woman from my country, the Romanian authority will not grant her a visa to live with me during the period of my study. Moreover to find a righteous Muslim wife in Romania is extremely difficult. I got engaged to a Romanian Muslim lady, but due to my financial circumstances the marriage was refused. Temptations are surrounding me and I cannot tolerate being single. Taking into consideration that the Romanian girls do not keep their virginity after reaching the age of fifteen, can I marry a Romanian lady for the period of my study bearing in mind that my intention is to continue this marriage if she becomes righteous? Can I marry her without the consent of her guardian since her father refuses to marry her to an Arab or a Muslim?

Answer:
Allah has permitted Muslims to marry chaste Kitabiyah . Allah said: "(Lawful to you in marriage) are the chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christian)"(Trans. 5:5)

According to the majority of Muslim scholars of Tafseer , a chaste woman is the woman that refrains from adultery. Allah forbids marrying a woman that commits adultery even if she is a Muslim. The majority of Muslim scholars consensually state that marrying a Muslim woman who used to commit adultery if she repents is permissible. It is evident that the same rule applies to the Kitabiya. So marrying her is permissible provided she gives up adultery. But if she persists in adultery, marrying her is prohibited.

If the difficulty you are facing is due to your residence in Romania and the unavailability of marriage there, there is no harm in marrying a Romanian woman provided she gives up adultery and proves that she is not pregnant by one monthly period.

As for marrying a woman without the consent of her guardian, according to the majority of Muslim scholars this marriage is not valid if she is a Muslim and her guardian is a Muslim too. This is due to the fact that the consent of the guardian was traditionally recognized even in non-Muslim societies, likewise the majority of Muslim scholars stipulate it if a Muslim marries a Kitabiya. The situation has currently changed in non-Muslim societies. Most of the laws in these societies do not recognize the consent of the guardian. As your planned marriage will be subject to Romanian laws, there is no harm if you marry her without her guardian's consent if Romanian law does not stipulate his consent as a condition, otherwise you should abide by the law. Above all we advise you to obtain her family's consent as this supports the continuity of the marital relations.

Question2:
I have a Muslim English friend who is married to a Muslim English man. They got married in the Islamic way but this marriage has not been registered in the registrar's office. Her husband has an Arab friend who wants to live in England. He has no other alternative to get permission to remain in England but to marry an English woman. The husband suggested that his wife would marry his friend in the registrar’s office. This has been done and witnessed. Is this marriage Islamically valid? Does it affect her first husband? Please answer this question as this case occurs frequently in this country.

Answer:
The marriage contract entered into in the registrar office is void. Consequently none of the rights of marriage can be based thereon. All the results thereof are null and these who entered into this marriage are delinquent and they have committed a sin. Whoever participated in facilitating or accomplishing this contract, while knowing that this lady is married, has taken part in this sin and violated the laws Allah has set.

Allah stated among the prohibited marriages: "Also (forbidden are) women already married."(Trans. 4:24) Allah prohibits marrying a married woman. Some people, due to their misunderstanding that a marriage contract entered into in the registrar’s office is not valid, are negligent regarding this contract. They think that the marriage is only valid if entered into in a mosque or an Islamic centre. This is wrong. Apart from the place, the marriage contract is valid provided the pillars and conditions are fulfilled. Had this woman not been married, that marriage contract entered into in the registrar’s office would have been valid.

Since this contract is void, it should be cancelled as soon as possible. Again it should be cancelled as since it is legitimate according to the civil laws it may result in prohibited issues according to Islam. According to the civil laws this marriage is binding.

Being in need of permission to stay in a country cannot be used as an excuse to commit what is prohibited and violate the Shari'a and the rights. Muslims are obliged to shun such issues based on deception and lies.

Question3:
I got married to a man who is more than twenty years older than I. Nevertheless, I would have never seen the difference in age as a barrier that separates me from him or turn me away from him, had he shown me a cheerful face and a good tongue and love. Alas, he has deprived me of the cheerful face, sweet word and the active emotion that makes woman feel her femininity and her place in the heart of her husband.

He is not mean when it comes to my clothing and expenditure, nor does he hurt me. But this is not everything a woman needs from her husband. I do not think I mean anything to him other than as a chef or a unit of pleasure whenever he wills. This makes me feel bored and hate my life especially when I see my friends and peeresses whose husbands are filling their lives with love and euphoria.

Once I complained to him against this treatment and he said: Do you think I do not fulfill my duties towards you? Am I mean regarding your expenditure and clothing?

For husbands and wives to know I raise the following question: Are the financial needs in terms of food, clothing and accommodation the only Islamic duties that the husband owes his wife? Is the psychological aspect valueless in the Islamic view? According to my limited knowledge and by nature I do not think so. Please elaborate on this issue since it dramatically affects the continuity and happiness of the Muslim family.

Answer:
This sister with her sound nature and limited knowledge realized the correct opinion that Islam states.

According to the Islamic Shari'a, the husband is obliged to provide his wife with her financial needs e.g. expenditure, clothing, accommodation, medication etc in a way suitable to his circumstances and hers or as the Qura'n states "In a reasonable way".

The Shari'a does not neglect the psychological aspects that man cannot do without. Moreover the Qur'an describes marriage as one of Allah's signs and one of His graces on people. Allah said: "And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquility with them and He has put love and mercy between your hearts. Verily, in that are signs for those who reflect."(Trans. 30:21) This verse specifies the aims of marital life or its components as tranquility, love and mercy between the wife and the husband and these are psychological, and not material, components. Hence, marital life is meaningless in the case of the absence of these meanings when it turns into bodily closure and emotional separation.

On this basis, many good husbands are wrong when they think that the duties they owe their wives are naught but expenditure, clothing and accommodation neglecting that as the woman needs food, clothing and other material needs, she needs, and needs more, the good word, the wide smile, the tender touch, the entertaining kiss, loving treatment and flirtations that remove life burdens and achieve happiness.

Prophet Muhammad-peace be upon him- set the highest example in this regard. In spite of his huge burdens of Da'wah, establishing the rules of Islam, educating the Muslims, establishing the Muslim state intrinsically and protecting it against the extrinsic enemy, in addition to his love to his Lord and eagerness to perform continuous worship e.g. fasting, reciting the Qur'an, night prayer until his feet swelled and cry until his beard was wet. He –peace be upon him- never neglected his wives' rights. His spiritual aspects never drove him to the negligence of their human aspects in terms of quenching the thirst of their feelings that could not be satisfied with food and clothing.

Imam Ibn Al-Qayim described his attitude towards his wives saying: "Prophet Muhammad's life with his wives was founded on good company and good ethics. He-peace be upon him- used to send girls from Ansar to play with his wife 'Aish. Whenever she asked for something permissible he agreed. When she drank from a cup he would take it and put his lips on the same place she put her lips and drink and when she ate meat he would take the bones and put his mouth on the place of hers and eat. He-peace be upon him- used to put his head on her lap and recite Qur'an when she might be in her monthly period. When she was in her monthly period he used tell her to wear Izar (so that intimacy can be practiced indirectly) and then he would have intimate relations with her. He –peace be upon him- used to kiss her while he was fasting. Out of his morals he would enable her to play and carry her over his shoulder to show her the Abyssinians when playing in his mosque. He –peace be upon him- raced her twice. He used to say: "The best among you is the best to his wife and I'm the best to my wife." When he prayed 'Asr he used to pass by his wives and get informed of their affairs and when night came he would go to the one according to the turn. 'Aisha said: "He never stayed with any of us more than the others and it rarely happened the he did not visit all of us and come closer to each of us without touching until he reached the one who had the turn so he would stay overnight with her."

When we consider this piece of the prophet's biography regarding the way he treated his wives, we can see clearly that he looked after them all, visited them all and drew nigh to them all. But he used to pay more attention to 'Aisha and that was not for nothing or bias but rather due to her young age and virginity. He-peace be upon him- married her when she was a virgin and he was her first and last husband. Such a girl would need more from her husband than an old woman. Her need is not the mere need for expenditure and clothing or even sexual intercourse, but rather the psychological aspects of the feelings which are deeper and of greater importance.

It is not strange to see prophet Muhammad-peace be upon him – having great interest in the psychological aspects even though he was overwhelmed with a wide range of burdens in terms of Da'wah and establishing the Muslim nation and state. Allah (swt) said: "Indeed, in the messenger of Allah you have a good example to follow."(Trans. 33:21)


Question4:
I'm a teacher residing in Britain for a period of study. I have signed a contract with an educational organization according to which I should supervise examinations of scientific courses in my specialization and that I will be called when needed. It happened that they called me to supervise a course during the time of Friday prayer. I had no other alternative but not attending the Friday prayer. Please note that this sometimes happens. To be honest I need this work, but I'm not in dire need.

Answer:
As long as this happens every now and then and it is not made deliberately to miss the Friday prayer and you primarily exert efforts to offer the prayer, there is no harm in missing the Friday prayer for this reason. It is reported that prophet Muhammad-peace be upon him- said: "Whoever neglects the Friday prayer three times, Allah will set a seal on his heart." Al-Termizi categorized this hadith as a sound good hadith. Since your case is different and you need this work, then there is no harm.


Question5:
The Islamic centre is hosted in a five-story old building that does not reflect any aspect of Islamic architecture. The administration of the center intends to knock down the building and erect a new building in an Islamic excellent style. The estimated cost is five million Dollars, which is very expensive. Upon exerting huge efforts we managed to collect one fourth of this amount from the Muslim community. Since we cannot collect this amount from any international Muslim organization, we want to take a mortgage that involves paying interest to the bank. The ECFR issued a Fatwa on the permissibility of taking a mortgage from the traditional banks to purchase a house when necessary. In the light of this are we allowed to take a mortgage because of necessity taking into consideration that we have other reasons:

1- The centre lies in an excellent location accessible to public transportation and if it is rebuilt in an Islamic style it will attract people's attention and serve as a means of Da'wah. Nonetheless, it is the oldest centre in the city.

2- There are other mosques erected after this centre in inhabited areas. The buildings of these mosques were financed by money earned through usury. The people in these mosques practice Bid'a and they have no Da'wah programmes. But these mosques attract the attention of non-Muslims when they want to visit a mosque.

3- If we do not start building on the spot the planning permission will be withdrawn and it will be very difficult to get it again. In addition, the building costs increase on a daily basis.

Answer:
It is recommended to have an Islamic centre in an excellent Islamic style in the West so that it will attract people's attention, so they will look forward to learning about Islam and through this way some may become Muslims.

However, this aim should be achieved through legal methods. Mosques are built to celebrate the Names of Allah and worship Him. Mosques should be described as good from the first step of their establishment as Allah is good and accepts only what is good. We do not categorize your case as a necessity for the following reasons:

1- In spite of the fact that the current building is old, it still satisfies people's needs. It can accommodate prayers, gatherings on religious occasions and teaching children.

2- To have such a centre in Oslo is essential. Nonetheless, it does not justify spending this huge amount of money to compete with other mosques financed by money earned through usury.

3- Allah does not overburden a person. This rule, as it applies to individual Muslims, applies to the Muslim nation since it is required to establish the Islamic rites within the limits of its capacity.

We advise the officials of the centre of the issue to search for alternative legal methods such as limiting the project to their capacity, restoring the current building so that it appears in the Islamic style or exerting more efforts to collect donations from other places to complete the fund for the project.