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On Secret Marriages | Dr Shaykh Mohammad Akram Nadwi

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Some brothers and sisters have asked me to comment on a practice that is increasingly reported of travelling Muslim scholars and teachers of Islam in the West, and those who travel to the West as teachers and preachers. This is the practice of contracting secret marriages in the places these scholars visit or pass through.

The first thing to be said is that people generally do not make a secret of actions and relations except when they have some sense that these actions and relations, if known, would be disapproved of. Those who take the responsibility of public teaching of Islam must know that they are seen as representatives of the religion and looked up to as role models. Not only the words they preach but also their actions and lifestyle influence the decisions and actions of others; before God they are liable for that influence and for its consequences in the lives of others. Preachers, teachers, and other public figures in the community, have a responsibility to ensure that their conduct adheres to the ideal of those who fear even to displease God, let alone wilfully disobey His commands or those of His Messenger, upon him be peace.
Every Muslim knows that good deeds repel evil ones. God has said so in His Book: “Verily, the good deeds remove the evil deeds”. (Surah Hud 114) The effort of preparing for prayers and doing the prayers through the day helps to sustain God-wariness, to prevent failures and shortcomings from becoming established habits with consequences hard to undo. We strive after good thoughts, words and deeds in order to disable and annul temptation, so that we acquire, so far as God wills, something to negate/counter the harms and wrongs that we accumulate to our account over a lifetime.

But how many of us are mindful that the converse is also true: that evil deeds can negate, undo or outweigh good ones? The following is reported by `Abd al-Razzaq in his Musannaf:
Ma`mar and Sufyan al-Thawri narrated to us from Abu Ishaq, who narrated from his wife saying that she called among a company of women on `A’ishah [ra]. A woman said to her: O umm al-mu’minin, I had a slave-girl, whom I sold to Zayd ibn Arqam for 800 with deferred payment of the price. Then I bought her from him for 600 and I paid those 600 on the spot and I wrote him 800 as debt. `A’ishah said: By God!How evil is what you bought! How evil is what you bought! Tell Zayd ibn Arqam that he has invalidated his jihad with the Messenger of God, peace be upon him, except if he repents. (Abd al-Razzaq, al-Musannaf, 8/185)
Note here the strength and presence of mind of `A’ishah [ra]. In her indignation against this legal trick to do what God’s law fiercely condemns and pronounces as illegal (namely, loans on interest), she does not exaggerate or lose her balance of judgment. She does not hesitate to say of Zayd that, by taking part in this transaction, he has annulled his effort of jihad. But she also remembers to say, ‘except if he repents’. Some wrongs (like riba) are indeed so heavy in their nature and their personal and social consequences that that they may annul one’s good deeds. Yet, until death is known to be imminent, the door of repentance is not closed to any sinner, and God has said that He loves to forgive.

Secret marriage is one of several kinds of violation by men of the rights and dignity of women. I have been informed that it is increasingly common for Muslim preachers in Europe and America and for those visiting the West to marry women in secret and for a short period, after which they, presumably, end the marriage, before going on to contract another marriage of the same sort somewhere else. This is a violation of the laws and good purposes of marriage, and a vicious exploitation of women whose circumstances oblige them to enter into such contracts. The wrong is analogous to riba, which is a violation of the laws and good purposes of lending money, and severely injurious to those whose circumstances force them to borrow in this illegal way.

Marriage in Islam

Marriage in Islam is presented as a good deed, a noble thing to do, when it is done in the manner and for the purposes described as ma`ruf – i.e., according to the known, established norms of kindness and public, legal form. It is explicit in Surat al-Nisa’ that even when a Muslim contracts a marriage with a slave, he must inform her family and get their consent, and he must pay her the mahr. What is explicitly forbidden is taking lovers in secret, debauchery, and fornication, i.e., sexual relations without responsibility for the other person and for the consequences of the act. Secret, temporary marriages are (just like the legal tricks to enable riba) a legal cover for what is illegal and known to be so.

Marriage is both a personal and social fact for the contracting parties. It is not merely one and not the other. It is an integral part of what makes marriage a good deed that it should be done with the intention of building a legal, social, physical space in which children are to be welcomed and raised. It is an integral part of what makes marriage a good deed that it connects families not hitherto connected, or it extends and consolidates existing connections. In this way, marriage widens the network of family relations, so that there is multiplicity of siblings and cousins, uncles and aunts and nephews and nieces, among whom responsibility for each other’s well-being (physical, economic and spiritual) is shared, usually unevenly, as means and talents and situations are diverse. The social relationships facilitate and diversify, and thereby strengthen and support, the burdens of personal relationship of the husband and wife. It goes without saying that when a man contracts a marriage he commits himself, in principle, to provide for his wife for her lifetime – it is not lawful for a Sunni Muslim to contract a marriage knowing in advance that this commitment is temporary. Let us suppose that a Sunni Muslim owns an oil-well and he is able to pay out, all at once, as much money as any woman could expect to have in a whole lifetime: for this Sunni Muslim it is still unlawful to contract a marriage knowing that it is temporary, however much he pays out, and unlawful also, obviously, for the woman. Of this man it may be that his great wealth makes him the greater sinner, since he could use it not to indulge himself but to assist others to get married.

What distinguishes a marriage as such, what ennobles it above any form of improper association of man and woman, is that it is proclaimed to be a responsible union: marriage proclaims the couple’s right to privacy and intimacy with each other, and the purposes of that right. The neighbourhood and community must know the legal status of the couple’s being together, so that they can celebrate their relation and support it. Secret marriages, in addition to violating the rights of women, also violate the right of the community to be spared the innuendoes and slanders that are so corruptive of social order, harmony and trust. Such marriages do the same long-term damage to what is nowadays called ‘personal and social capital’, as American-style fast foods (and other ‘instant’ conveniences, not least social media ‘friendships’), do to long-term physical and mental health, and to the long-term sustainability of how food is produced and distributed.

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), peace be upon him, said: ‘Proclaim the marriage’ (Sunan al-Nasa’i, 3369; Musnad Ahmad, 15697; Sunan Sa`id ibn Mansur, 635).

This a clear injunction that marriages must be proclaimed, made public, not held in secret. That is the practice of the Prophet himself, of all his Companions, and of the prominent scholars of the early generations. None of them ever indulged in secret marriages and they never, explicitly or tacitly, approved any such marriages. We read in al-Mughni, k. al-Nikah that among those who expressed explicit disapproval of secret marriages are: `Umar ibn al-Khattab, `Urwah ibn al-Zubayr, `Ubaydullah ibn `Abdillah ibn `Utbah, `Amir al-Sha`bi. Abu Bakr `Abd al-`Aziz says: ‘Such a marriage is void’. There too we find that the majority of the jurists say that the proclamation of marriage is recommended, i.e., they do not make it a legal condition for the validity of a marriage, assuming that it has been legally witnessed. Some say that proclamation is mandatory.

This is the opinion of al-Zuhri: ‘If someone marries secretly, brings two witnesses but commands them to keep it secret, it would be obligatory to separate the husband and wife’. Similarly, it is reported that Imam Malik’s opinion is that non-proclamation of marriage invalidates the marriage (al-Mughni, k. al-nikah).

Even those scholars who do not make proclamation a legal condition for the validity of a marriage do not express approval for keeping it secret. Ibn Taymiyyah, as forceful and forthright as ever, likens secret marriages to prostitution (Majmu` al-fatawa, 32/102).

In sum:

Sunni fiqh condemns secret and temporary marriages (secret or public) because they are so injurious to the rights and dignity of women, and because they diminish the good that comes from marriage, namely family life and family relations with all that they provide of testing and training for mind, heart and temperament, and for all the consolations of sharing feelings and experiences across generations. Contracting secret/temporary marriages reduces marriage to sexual relations in an ugly sort of rental arrangement, that is profoundly demeaning, especially to women. Accordingly, I strongly advise women to be careful before they consent to marry anyone. I strongly advise them to inform, consult with and find support from, family, friends and community before they make any commitments so that the matter is known, and so that their rights are observed and respected. It is better (for women and men) to endure the hardships of being single than to enter into contracts that insult the laws and norms, and seek to subvert the purposes, of marriage as commanded by God and His Messenger, upon him be peace.

As for those who present themselves in public as teachers and preachers of Islam and yet have entered into such contracts, what can I say? It is obligatory for them that they refresh their intentions in due fear of God and that they remember that the door to repentance,  to reform, and to making amends, is not closed.

God’s Messenger has affirmed in many places that God loves to forgive His creatures if they turn to Him. He makes the way to forgiveness easy for whoever repents sincerely. No believer’s sins, however great or numerous, can be greater than His mercy.

Shaykh Mohammad Akram Nadwi is an Islamic scholar from the Indian city of Jaunpur and a graduate of the world renowned Nadwatul Ulama (India) where he studied and taught Shariah. Shaykh Akram is a Muhaddith of the highest calibre who has specialised in Ilm ul Rijal (the study of the narrators of Hadith). He has Ijaza (licenses) from over 600 scholars. Shaykh Akram Nadwi has a doctorate in Arabic Language and has authored and translated over 25 titles on Language, Jurisprudence, Qur’an and Hadith. In May 2010, he completed a monumental 457-volume work on the lives of female scholars of Hadith in Islamic History. Also now available in English is Madrasah Life (2007) the translation (from Urdu) of his personal memoir of a student’s day at Nadwat al-Ulama. Shaykh Akram is the recipient of the Allama Iqbal prize for contribution to Islamic thought. As a leading scholar steeped in traditional Islamic learning and in modern academia, Shaykh Akram is a former research fellow at the Oxford Centre for Islamic Studies, Oxford. He is the Dean and the Academic Director of the Cambridge Islamic College.

18 Comments

18 Comments

  1. Avatar

    Zeba Khan

    October 6, 2017 at 3:54 PM

    JazakAllahukheiran. Very important community reminder.

    • Avatar

      Abduallah

      November 8, 2017 at 10:49 AM

      Actually, you should not thank the person who wrote this article. Its obvious the person understands very little from Islam. In fact, Im surprised this article was published at all. As long as secret marriages are done islamically, then they should never be discouraged. Why discourage the halal? Ignorance, thats why.

  2. Avatar

    Aafira

    October 6, 2017 at 4:06 PM

    This problem isn’t exclusive to scholars amd speakers, regular Muslims are engaging in secret marriages too. The first reason is the taboo surrounding plural wives. I am in support of this
    practice but many men have tarnished it by making secret families or treating the second wife as a mistress. The second reason is men coming to study in the west and then abandoning their wives when they graduate and go back home. This practise is disgusting and revert women tend to be the main targets.

  3. Avatar

    Anon

    October 6, 2017 at 5:52 PM

    Is one who knows of someone indulging in a “high profile” secret marriage have to inform anyone? My friend’s husband has secretly married someone – and I don’t know whether I should advise her of this as she has been effectively abandoned by him!

  4. Avatar

    Umm Ismael

    October 6, 2017 at 6:31 PM

    Very good paper, but need to be more balanced.

    In some situations, secret mariage is not a sin.

    If, for example, a Muslim man need a second wife, and the first one is oppose to it, as well as the community and the country he lives in, he can contact a mariage in another country and keep it secret. This is not against the law (since he doesn’t practice polygamy in the country who forbid it) and this is not against islam.

    Please, do not start to accuse every Muslim who contacted a secret mariage to be sinful. This is sometimes the only way they have to protect their Chastity.

    • Avatar

      Concerned

      October 6, 2017 at 11:21 PM

      I find this concerning. 2 of the 4 commentors believe a second marriage in presumably the United States or another Western country is ok. As Muslims we contracted as citizens or immigrants to follow the laws of the land. The law of the land is one cannot have more than one spouse. So one cannot justify a second marriage in the West whether in open or in secret. Allah knows best and help the sisters in these situations and guide the men that are putting women through this.

      • Avatar

        Aliya

        October 17, 2017 at 2:58 AM

        It may be illegal to have more than one marriage contract in many western countries but western legal marriage contracts do not equate to Nikah. One can have multiple Nikahs in those nations.

        ‘Till death do us part’ is a Christian concept and no where in Islam is this promoted. Islam accepts you to keep your wife/wives for life or to divorce if you so wish. The Hadith about the dislike of divorce is not only weak it goes against the practice if he prophet and the Sahaba. I agree premeditated marriage with divorce planned is wrong.

        If western society is Unaccepting of a second marriage, including Muslim communities, then if consenting adults wish to marry in secret (including to avoid sin), then what is the problem? Muslim women in the west come from a culture where more than one wife is not the norm but they must remember that a man having more than one partner is the norm!

        Is the sheikh saying it is categorically haraam? Not mentioned in his post!

        Why preachers give negative comments but won’t say haraam?

        • Avatar

          Aimen

          November 8, 2017 at 10:54 AM

          The reason they discourage it but never have the courage to say its haram is because they cant. Its perfectly halal. Allah loves the halal. The very fact that scholars like these are allowed to speak is a testimony to how out of touch and ignorant they are of the deen. We need the truth, not silly opinions that will mislead the masses.

    • Avatar

      Simba

      October 7, 2017 at 12:47 PM

      Extremely disturbing to read that some muslims justify shadiness and deceit.
      Please share with us proof (from reliable sources) allowing a man to lie about something that is supposed to be noble and that has such a strong impact on everyone.

      Hiding a marriage involves lying, concealing a spouse and all offsprings.
      How can we justify being a coward and liar when a muslim is supposed to be rightous , honest and not selfish.
      Having a right to do something does not involve using wrong means or deceiving others.

    • Avatar

      Sarah

      November 8, 2017 at 10:51 AM

      Agreed, This is an obvious response to the NAK situation. I dont see why people still feel the need to comment on what he did. Scholars need to realize people enter into secret marriages to avoid zina. People like the author here do a disservice to the ummah by discouraging the halal and pushing people towards the haram.

  5. Avatar

    Siddique Katiya

    October 7, 2017 at 10:35 AM

    Although this article is informative but confusing for most, – the secret and temporary marriages are two different issues these issues must be discussed separately.

    Hot topic among Sunni Islam today is temporary (misyar) marriage are similar arrangments
    this article hardly talk about these arrangements

  6. Avatar

    Raffia Arshad

    October 12, 2017 at 5:04 PM

    I am somewhat surprised that the article has elicited more negative comments from female readers than male. I was expecting to see a number of comments from men who are in desperate support of this sort of arrangement. Instead, a number of women are making excuses for the men (themselves?) and justifying secret marriages. I am not sure why it is confusing that lying, hiding and being deceitful to those closest to you for your own sexual pleasure is wrong. The reality is, men are in need of education and women are in need of empowerment. No such thing as a secret marriage. It’s an affair.

  7. Avatar

    Muhammad

    October 15, 2017 at 10:22 AM

    “Hiding a marriage involves lying, concealing a spouse and all offsprings.
    How can we justify being a coward and liar when a muslim is supposed to be rightous , honest and not selfish.
    Having a right to do something does not involve using wrong means or deceiving others.”

    I agree 100%. Secret marriage is never permissible.

    Islam is first and foremost about honesty. Having a secret marriage is even worse when someone is hiding it from their first marriage.

    Allah tells us in the Qur’an that marriage is a very serious, solemn, sacred contract. I forget the arabic word but the word connotes that it is above and beyond a normal contract.

    If it is a sin to lie in a normal contract, how much more in the marriage contract with the first wife? And it would entail not just one lie but it would entail lies every day.

    If there are any Muslims who hold these views, I ask them to reflect on the bedrock fundamentals of Islam and one of that is honesty. The reason why Muhammad ibn Abdullah became Prophet Muhammad was much to do with his honesty…he was Sadiq Al Ameen.

    As for protecting chastity, Allah tells us in Surah Noor in verse 33 “And let those who do not find the means to marry abstain, until God enriches them from His bounty.”

    So Allah is telling those who do not have money and not any wife to be patient.

    Thus, if someone who has no wife has to be patient, how can anyone in their right mind and right heart try to give excuses for a man to secretly marry a second wife and hide it from his first wife?

    If any wants to engage in secrecy to have sex with another woman in the form of a second wife, then that person has greed for sex. And that greed is so deep in his heart, that he is willing to lie to others including to his first wife who should be his confidant, not someone he can lie to do day after day, night after night.

    Muslims should be example to non-Muslims.

    Seeing any Muslim try to give excuses is so disappointing.

    May Allah guide us all.

    None of are perfect and may all seek repentance and guidance…Allah is the most forgiving….but let us not encourage anyone into this deceitful, greed for sex, practice that is destroying family after family after family.

    • Avatar

      Umnabila

      November 8, 2017 at 10:56 AM

      With due respect brother, where is your evidence from the quran and sunnah that its haram?

      I think, like the author, you are speaking through a very limited scope and understanding of Islam. It is haram to say something is haram, when it is not.

      My advice to you is to stay quiet, learn more and repent for your words. Misguiding the ummah will never benefit you.

      Take care.

    • Avatar

      Usman

      November 22, 2017 at 7:18 AM

      Muhammad, thank you for your clear, rational, and moral argument against secret marriages. Out of all the comments on this article, I found yours the best. As you said, dishonesty is always wrong and these secret marriage arrangements involve lying.

      As a man, I admit that my nafs would love to have 100s of women at my beckon call. It is unfortunately my nature and of other men, proven time and time again through history. All powerful and rich men covet more women. Some do it through mistresses and others through nefarious methods. Secret marriage arrangements would be construed as the latter.

      But, I know that my wife would not approve of me having a 2nd wife, so I have to respect her wishes. The other halal alternative is to divorce her and find wives who would approve of polygamous relationships (and yes, there are plenty of women out there that would if you are upfront and honest with them regarding your intentions).

      Another commenter made an excellent point about living under the laws of our respective countries. When we take citizenship in a certain country, we are entering into a contract. As Muslims, we should always honor contracts and follow the laws of the land. The only reason not to follow a law is if it prevents one from freely worshiping Allah. Aside from that, there is no reason why we cannot respect authority in a civilized society.

  8. Avatar

    A sister

    October 17, 2017 at 5:58 PM

    This article has a surely good intention which I totally support, but it’s still very unbalanced and telling just half of the story. You should not use such high tones like “Sunni fiqh does this and that”, when it obviously does not. In the maliki madhhab it is not a problem to contract a marriage with the intention to divorce it some time later as long this is not articulated in the marriage contract or process of marriage. It’s a nice intention to safeguard the honour of Muslim sisters but it make you unreliable and biased at best if you just cherry pick the best arguments for your POV, but not speak about the proof against it, no, you also label it as “non-sunni”. This is nowhere different than the selective cherry picking of the people who justify whatever floats their boat.

  9. Avatar

    Muhammad

    October 18, 2017 at 2:45 AM

    A reader identifying as “a sister” wrote that “In the maliki madhhab it is not a problem to contract a marriage with the intention to divorce it some time later as long this is not articulated in the marriage contract or process of marriage. ”

    Sounds shocking and I don’t know if this is true, but if it is, then that part of the Maliki fiqh has to be changed as it is in direct contradiction with the Qur’an and the most fundamental principle of Islam to be honest, especially to those closest to us such as to a spouse.

    Also, this issue of divorce brought up (by the reader before me) might be related somehow but is still different from the issue of secret marriages.

    Again, secret marriages is profoundly dishonest and profoundly treacherous and thus it is profoundly un-Islamic and indeed anti-Islamic.

  10. Avatar

    Md Nayeem

    October 20, 2017 at 1:19 PM

    Thank You Brother!! I was unaware (could be as an Asian) that Muslim/ Islam preachers could be claim in this mess or even conducting this!!, whatever in Europe or America. I believe that those certain person might be in some destruction and would be rare in number….

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#Islam

What Does Sharia Really Say About Abortion in Islam

Abortion is not a simple option of being pro-life or pro-choice, Islam recognizes the nuance.

Reem Shaikh

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The following article on abortion is based on a research paper titled ‘The Rights of the Fetus in Islam’, at the Department of Sharia at Qatar University. My team and I presented it to multiple members of the faculty. It was approved by the Dean of the Islamic Studies College, an experienced and reputed Islamic authority.

In one swoop, liberal comedian Deven Green posing as her satirical character, Mrs. Betty Brown, “America’s best Christian”, demonized both Sharia law as well as how Islamic law treats abortion. Even in a debate about a law that has no Muslim protagonist in the middle of it, Islam is vilified because apparently, no problem in the world can occur without Islam being dragged into it.

It is important to clarify what Sharia is before discussing abortion. Sharia law is the set of rules and guidelines that Allah establishes as a way of life for Muslims. It is derived from the Qur’an and the Sunnah, which is interpreted and compiled by scholars based on their understandings (fiqh). Sharia takes into account what is in the best interest for individuals and society as a whole, and creates a system of life for Muslims, covering every aspect, such as worship, beliefs, ethics, transactions, etc.

Muslim life is governed by Sharia – a very personal imperative. For a Muslim living in secular lands, that is what Sharia is limited to – prayers, fasting, charity and private transactions such as not dealing with interest, marriage and divorce issues, etc. Criminal statutes are one small part of the larger Sharia but are subject to interpretation, and strictly in the realm of a Muslim country that governs by it.

With respect to abortion, the first question asked is:

“Do women have rights over their bodies or does the government have rights over women’s bodies?”

The answer to this question comes from a different perspective for Muslims. Part of Islamic faith is the belief that our bodies are an amanah from God. The Arabic word amanah literally means fulfilling or upholding trusts. When you add “al” as a prefix, or al-amanah, trust becomes “The Trust”, which has a broader Islamic meaning. It is the moral responsibility of fulfilling one’s obligations due to Allah and fulfilling one’s obligations due to other humans.

The body is one such amanah. Part of that amanah includes the rights that our bodies have over us, such as taking care of ourselves physically, emotionally and mentally – these are part of a Muslim’s duty that is incumbent upon each individual.

While the Georgia and Alabama laws in the United States that make abortion illegal after the 6-week mark of pregnancy are being mockingly referred to as “Sharia Law” abortion, the fact is that the real Sharia allows much more leniency in the matter than these laws do.

First of all, it is important to be unambiguous about one general ruling: It is unanimously agreed by the scholars of Islam that abortion without a valid excuse after the soul has entered the fetus is prohibited entirely. The question then becomes, when exactly does the soul enter the fetus? Is it when there is a heartbeat? Is it related to simple timing? Most scholars rely on the timing factor because connecting a soul to a heartbeat itself is a question of opinion.

Web MD

The timing then is also a matter of ikhtilaf, or scholarly difference of opinion:

One Hundred and Twenty Days:

The majority of the traditional scholars, including the four madhahib, are united upon the view that the soul certainly is within the fetus after 120 days of pregnancy, or after the first trimester.

This view is shaped by  the following hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إن أحدكم يجمع خلقه في بطن أمه أربعين يوما ثم يكون في ذلك علقة مثل ذلك ثم يكون في ذلك مضغة مثل ذلك ثم يرسل الملك فينفخ فيه الروح..

“For every one of you, the components of his creation are gathered together in the mother’s womb for a period of forty days. Then he will remain for two more periods of the same length, after which the angel is sent and insufflates the spirit into him.”

Forty Days:

The exception to the above is that some scholars believe that the soul enters the fetus earlier, that is after the formation phase, which is around the 40 days mark of pregnancy.

This view is based on another hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إذا مر بالنطفة إثنتان وأربعون ليلة بعث الله إليها ملكاً، فصوره، وخلق سمعها وبصرها وجلدها ولحمها وعظمها…

“If a drop of semen spent in the womb forty-two nights, Allah sends an angel to it who depicts it and creates its ears, eyes, skin, flesh and bones.”

Between the two views, the more widespread and popular opinion is the former, which is that the soul enters the fetus at the 120 days (or 4 months) mark, as the second hadith implies the end of the formation period of the fetus rather than the soul entering it.

Even if one accepts that the soul enters the fetus at a certain timing mark, it does not mean that the soul-less fetus can be aborted at any time or for any reason. Here again, like most matters of Islamic jurisprudence, there is ikhtilaf of scholarly difference of opinion.

No Excuse Required:

The Hanafi madhhab is the most lenient, allowing abortion during the first trimester, even without an excuse.

Some of the later scholars from the Hanafi school consider it makruh or disliked if done without a valid reason, but the majority ruled it as allowed.

Only Under Extreme Risks:

The Malikis are the most strict in this matter; they do not allow abortion even if it is done in the first month of pregnancy unless there is an extreme risk to the mother’s health.

Other Views:

As for the Shafi’i and Hanbali schools of thought, there are multiple opinions within the schools themselves, some allowing abortion, some only allowing it in the presence of a valid excuse.

Valid excuses differ from scholar to scholar, but with a strong and clear reason, permissibility becomes more lenient. Such cases include forced pregnancy (caused by rape), reasons of health and other pressing reasons.

For example, consider a rape victim who becomes pregnant. There is hardly a more compelling reason (other than the health of the mother) where abortion should be permitted. A child born as a result in such circumstances will certainly be a reminder of pain and discomfort to the mother. Every time the woman sees this child, she will be reminded of the trauma of rape that she underwent, a trauma that is generally unmatched for a woman. Leaving aside the mother, the child himself or herself will lead a life of suffering and potentially neglect. He or she may be blamed for being born– certainly unjust but possible with his or her mother’s mindset. The woman may transfer her pain to the child, psychologically or physically because he or she is a reminder of her trauma. One of the principles of Sharia is to ward off the greater of two evils. One can certainly argue that in such a case where both mother and child are at risk of trauma and more injustice, then abortion may indeed be the lesser of the two.

The only case even more pressing than rape would be when a woman’s physical health is at risk due to the pregnancy. Where the risk is clear and sufficiently severe (that is can lead to some permanent serious health damage or even death) if the fetus remained in her uterus, then it is unanimously agreed that abortion is allowed no matter what the stage of pregnancy. This is because of the Islamic principle that necessities allow prohibitions. In this case, the necessity to save the life of the mother allows abortion, which may be otherwise prohibited.

This is the mercy of Sharia, as opposed to the popular culture image about it.

Furthermore, the principle of preventing the greater of two harms applies in this case, as the mother’s life is definite and secure, while the fetus’ is not.

Absolutely Unacceptable Reason for Abortion:

Another area of unanimous agreement is that abortion cannot be undertaken due to fear of poverty. The reason for this is that this mindset collides with having faith and trust in Allah. Allah reminds us in the Quran:

((وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ ۖ نَّحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ ۚ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا))

“And do not kill your children for fear of poverty, We provide for them and for you. Indeed, their killing is ever a great sin.” (Al-Israa, 31)

Ignorance is not an excuse, but it is an acceptable excuse when it comes to mocking Islam in today’s world. Islam is a balanced religion and aims to draw ease for its adherents. Most rulings concerning fiqh are not completely cut out black and white. Rather, Islamic rulings are reasonable and consider all possible factors and circumstances, and in many cases vary from person to person.

Abortion is not a simple option of being pro-life or pro-choice. These terms have become political tools rather than sensitive choices for women who ultimately suffer the consequences either way.

Life means a lot more than just having a heartbeat. Islam completely recognizes this. Thus, Islamic rulings pertaing to abortion are detailed and varied.

As a proud Muslim, I want my fellow Muslims to be confident of their religion particularly over sensitive issues such as abortion and women’s rights to choose for themselves keeping the Creator of Life in focus at all times.

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How Do Muslims Plan for Disability

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Families with children with disability have an extraordinary set of challenges and blessings.  Disability (or special needs) is a broad term.

Many disabilities will prevent what we often think of as “normal.”  It may hinder or prevent educational opportunities, and employment. Many people with “special needs” can get educated, get married and live long and productive lives.  The problem for many parents of younger children with special needs is that they typically have no certainty about their children’s future needs. Even if the situation looks dire, it may not stay that way.  

How do parents plan for a world where they may not be around to see how things will end up for their special needs children?  What can they do to help their children in a way that does not violate Islamic Inheritance rules?

Certain types of disability, especially the loss of executive decision-making ability, could also happen well into adulthood.  This can be a threat to a family’s wealth and be the cause of internal conflicts. This is the kind of thing every adult needs to think about before it happens.  

The Problem

The issues are not just that parents believe their special needs child will need more inheritance than other children. Muslim parents usually don’t think that. Some parents don’t want their special needs child to get any inheritance at all.  Not because of any ill-will against their special needs child; just the opposite, but because they are afraid inheritance will result in sabotaging their child’s needs-based government benefits.    

Many, perhaps most special needs children do not have any use for needs-based benefits (benefits for the poor).  But many do, or many parents might figure that it is a distinct possibility. This article is a brief explanation of some of the options available for parents of special needs children.  It won’t go over every option, but rather those that are usually incorporated as part of any Islamic Estate Planning.

Please Stand By

Example:  Salma has three daughters and two sons.  One of her children, Khalida, 3, has Down Syndrome.  At this point, Salma knows that raising Khalida is going to be an immense challenge for herself, her husband Rashid and all the older siblings.  What she does not know, however, is what specific care Khalida is going to need through her life or how her disability will continue to be relevant. She does not know a lot about Khalida’s future marriage prospects, ability to be employed and be independent, though obviously like any parent she has nothing but positive hopes for her child’s life.   

In the event of her death, Salma wants to make sure her daughter gets her Islamic right to inheritance.  However, if Khalida needs public benefits, Salma does not want her daughter disqualified because she has her own money.

Her solution is something called a “stand-by special needs trust.” This type of trust is done in conjunction with an Islamic Inheritance Plan and is typically part of a living trust, though it could also be a trust drafted into the last will.  I will describe more about what a special needs trust is below. For Salma, she is the Trustee of her trust. After she dies, she names her husband (or someone else) the successor Trustee. The trust is drafted to prevent it from becoming an “available resource” used to determine eligibility for public benefits such as Supplemental Security Income (SSI), Medicaid and other benefits that go with that.

If it turns out that Salma passes away when Khalida is 5, and her assets are held in trust for her until she is 18 and her Trustee determines she does not need a special needs trust, she will get her inheritance precisely like everyone else based on their Islamic right.  If she does need benefits, the Trustee will only make distributions to Khalida that would not harm her eligibility.

This way, there is no need to deny Khalida her inheritance because of her disability, and she is also making sure giving her daughter inheritance would not harm her daughter’s healthcare or other necessary support.  

Munir Vohra is a special needs advocate and an athlete

The Shape of Special Needs Trusts

A stand-alone Special needs trusts, which is sometimes called a “supplemental needs trust” the kind without the “stand-by” variation I described above, are a standard device for families that have children with special needs. A trust is a property ownership device. A Grantor gives the property to a Trustee, who manages the property for the benefit of a beneficiary. In a revocable living trust, the Grantor, Trustee, and Beneficiary are typically the same person.  

When the trust is irrevocable, the Grantor, Trustee, and Beneficiary may all be different people. In a special needs trust, the person with a disability is the beneficiary. Sometimes, the person with a disability is also the Grantor, the person who created the trust.  This might happen if there is a settlement from a lawsuit for example and the person with special needs wants it to be paid to the trust.  

In many if not most cases, the goal may not be to protect the beneficiary’s ability to get public benefits at all. Many people with a disability don’t get special government benefits.  But they do want to protect the beneficiaries from having to manage the assets. Some people are just more susceptible to abuse.

The structure of the arrangement typically reflects the complexity of the family, the desire of siblings and extended family to continue to be involved in the care and attending to the needs of the person with a disability, even if they are not the person directly writing checks.   

Example: Care for Zayna

Example: Zayna is a 24-year-old woman with limited ability to communicate, take care of her needs and requires 24-hour care.  Zayna has three healthy siblings, many aunts, uncles, and cousins. Her father, Elias, earns about $70,000 per year and is divorced. Zayna’s mother Sameena cannot contribute, as she is on social security disability. However, Zayna’s adult brother and sisters, brother in laws, sister in law and several aunts, uncles want to help Zayna meet her needs E.lyas creates a third party special needs trust that would ensure Zayna has what she needs in the years to come.

Zayna receives need-based public benefits that are vital to her in living with her various disabilities and her struggle to gain increasing independence, knowledge and dignity.  So the trust needs to be set up and professionally administered to make sure that when Zayna gets any benefit from her trust, it does not end up disqualifying her ability to get any needs-based benefit.  

Contributions to the special needs trust will not go against Islamic Inheritance rules unless made after the death of the donor.

If Zayna dies, her assets from the special needs trust will be distributed based on the Islamic rules of inheritance as it applies to her.

When disability planning is not about Public Benefits

Perhaps most families with special needs children do not use any needs-based public assistance.  They are still concerned about special needs and planning for it.

Example:  Khadija, 16, is on the autism spectrum. For those familiar with the autism spectrum, that could mean a lot of things.  For her parents, Sarah and Yacoob, other than certain habits that are harmless and easy to get used to, it means Khadija is very trusting of people. Otherwise, she does well in school, and her parents don’t think she needs way more help than her siblings and she has just as good a chance of leading a healthy and productive life as any 16-year-old girl.  

The downside of being too trusting is that the outside world can exploit her.  If she ends up getting inheritance or gifts, she may lose it. The parents decide that when she gets her inheritance, it will be in a trust that would continue through her life.  There will be a trustee who will make sure she has what she needs from her trust, but that nobody can exploit her.

In some ways, what Khadija’s parents Sarah and Yacoob are doing is not so different from what parents might do if they have a child with a substance abuse problem.  They want to give their child her rights, but they don’t want to allow for exploitation and abuse.

Considering your own needs

There are many people who are easy marks for scammers, yet you would be unlikely to know this unless you are either a close friend or family member, or a scammer yourself.  While this often happens to the elderly, it can happen at just about any age. Everyone should consider developing an “incapacity plan” to preserve their wealth even if they lose their executive decision-making ability.   

There is this process in state courts known as “conservatorship.” Indeed, entire courtrooms dedicate themselves to conservatorships and other mental health-related issues.  It is a legal process that causes an individual to lose their financial or personal freedom because a court has essentially declared them not competent to handle their affairs. Conservatorships are a public process.  They can cause a lot of pain embarrassment and internal family strife.

One of the benefits of a well-drafted living trust is to protect privacy and dignity during difficult times.

Example: Haris Investing in Cambodian Rice Farms

Haris, 63, was eating lunch at a diner.  In the waiting area, he became fast friends with Mellissa; a thirty-something woman who was interested in talking about Haris’s grandchildren.  The conversation then turned Melissa and her desire to start a business selling long distance calling cards. Haris was fascinated by this and thought it made good business sense. Haris gave Mellissa $20,000.00. The two exchanged numbers. The next day, Mellissa’s number was disconnected.

Haris’s wife, Julie became alarmed by this.  It was out of character for her husband to just fork over $20,000 to anyone on the spur of the moment.  What was worse is that the business failed immediately.  

Three months later,  Haris meets Mellissa at the diner again.  She then convinces Haris to invest $50,000 in a Cambodian rice farm, which he does right away.   His wife Julie was pretty upset.

How living trusts helps

As it happened though, Haris, a few years before, created a living trust.  It has a provision that includes incapacity planning. There are two essential parts to this:  The first is a system to decide if someone has lost their executive decision-making ability. The second is to have a successor Trustee to look over the estate when the individual has lost this capacity.  This question is about Haris’s fundamental freedom: his ability to spend his own money.

If you asked Haris, he would say nothing is wrong with him.  He looks and sounds excellent. Tells the best dad jokes. He goes to the gym five times a week and can probably beat you at arm wrestling. Haris made some financial mistakes. Everyone makes mistakes.

Julie, and his adult children Haroon, Kulsum, Abdullah, and Rasheeda are not so sure it’s just a mistake.  The living trust created a “disability panel.” This panel gets to vote, privately, in if Haris should continue to act as Trustee of his own money.  If they vote that he should not manage his own money, his wife does it for him.

The family has a way to decide an important and sensitive issue while maintaining Haris’ dignity, privacy and wealth.   Haris’s friends don’t know anything about long distance calling cards or a Cambodian rice farm; they don’t know he lost his ability to act as Trustee of his trust.  Indeed the rest of the world is oblivious to all of this.

Planning for everyone

Islamic inheritance is fard and every Muslim should endeavor to incorporate it into their lives.  As it happens it is an obligation Muslims, at least those in the United States, routinely ignore or deal with inadequately.  However, there is more to planning than just what shares go to whom after death. Every family needs to create a system. There may or may not be problems with children or even with yourself (other than death, which will happen), but you should do whatever you can to protect your family’s wealth and dignity while also fulfilling your obligations to both yourself and your family.

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Should Spiritual Leaders Who Violate Our Trust Be Forgiven?

Some people want to move past the indiscretions of community leaders quickly as though they never occurred while others wish to permanently blacklist them. This article examines a third option between the two that can be a win-win for the fallen leader, the victims, and the community.

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In the past couple of years, a number of simmering scandals among spiritual leaders became public knowledge and the subject of vigorous and often painful public debate.  As someone who has worked in the community dawah space the past 15 years, often acting as a bridge between past and present microcelebrity as well as non-celeb teachers to the community at large, one question I’ve been asked repeatedly – should community leaders who violate our trust be forgiven?  I’m often asked by people who aren’t fanboys / fangirls taken by microcelebrity dawah culture or wearing spiritual blinders for non-celebs, and often don’t even understand what has occurred.  Below I share answers I have heard as well as what I believe is fair and pragmatic in many (not all) situations.

Answer #1:  Yes, We Must Forgive Them

One group of people argue we should completely forgive them. No one is perfect, everyone is human and makes mistakes.  If we assume the mistake was truly made, then we should also forgive them and move on. Our faith is replete with statements about Allah’s Mercy, and if we want His Mercy, surely we should also give it to others. Oftentimes, members who fall into this group don’t actually believe the person in question is at fault and are trying to convince others either on the fence or against the individual to let it go. Of course, there are some who believe the violation occurred and not think it a big deal, while others may think the violation indeed was a big deal, and should still be forgiven. I can agree with some aspects of this, but not completely.

Answer #2:  No, They Should Never Be Forgiven

Another group believes that once a person commits a violation of trust, they are no longer to be trusted again. They should leave their positions and be ostracized from the community permanently. They are to be tarred and feathered and made an example of for life.  Members within this group oftentimes don’t need to wait for evidence to arrive at any conclusion – they were judge, jury, and executioner well before there was a trial.  Not all members are like this, of course – some waited for evidence and then reached their conclusions that the gravity of the charges was too much and therefore the person should never be forgiven.

Answer #3:  It Depends – Forgive Them If They Take Ownership and Make Amends

In my view, the problem with the first group is they don’t often see that the person did anything wrong, or if they did, it’s trivial relative to the khayr, the good and benefit they bring to the community. They keep citing that Allah is forgiving, so we should forgive automatically, but in their haste, they forget that part of the process of making restitution is first sincerely regretting what one has done.

To sincerely regret, one must also move out of denial and into acceptance that they made a mistake. Once one admits failure, they can then ask to be forgiven, and then the aggrieved party is in a position to grant it. The community forgiving and re-integrating a person who refuses to take responsibility for their wrongdoing does neither them, their victims, nor the community any good. We continue to distrust the person and they continue to believe they can get away with whatever they wish because they are “special”. Victims fear community integration, everyone becomes cynical about religion, and the cause of calling people to become better worshippers of Allah is harmed.

On the flip side, the second group is far too extreme in their view of justice. To ostracize that person and leave them no path of return means they have no means to redeem themselves, and de facto their families are casualties who must deal with the fallout of being pushed out of the community. I agree that none of us are perfect, and we all often make egregious mistakes. In my own experience, there are many instances where activists who advocate publicly for better are often involved privately in worse than those they go after.

That being the case, there is no person that can’t be forgiven, and I would say we shouldn’t leave aside this possibility in our dealings with those who fail us just as we expect it when we ourselves fall short, sometimes seriously so. I would add that we would lose the skills and talent of that person – if we believe in allowing people with criminal histories back into the general population and providing them with opportunities to become productive, reformed citizens, I don’t see why we wouldn’t offer the same to our community and religious leaders.

The key I believe is in following a process which includes the following for the individual:

  1. Taking ResponsibilityThey own responsibility for the mistake and acknowledge it was made.  No amount of denial, minimization, and spin will suffice.
  2. Make Restitution:  First and foremost, they apologize and make amends as best they can with the victims.  If the issue went public, then they should apologize to those they were serving as a leader for their mistake as well. This includes handling financial compensation.
  3. Remediating Oneself:  Enroll in counseling, therapy, mentorship, and / or group support programs to help them overcome their issues.
  4. Being Held Accountable:  Work with others on concrete milestones of both behavior and programs that demonstrate their commitment to change.  Be able to show the community that they take reformation seriously and are committed to coming out of their mistake a better person, one who can even advise others of the mistake and how not to repeat it.

As someone who has worked in dawah and supported the ascension of numerous modern-day microcelebrity spiritual scholars and teachers, I and others like me act as a bridge between them and the community.  I do not speak for all of them, certainly, but I know that any leader who tries to re-integrate into the community without taking responsibility will continue to find that many will not support them. Most, in this case, feel a sacred duty to oppose their elephant-in-the-room integration to protect the community at large.

Likewise, I know that many like myself would be willing to overlook and forgive such individuals if they took responsibility for their behavior and demonstrated they were taking concrete steps to make amends for their mistakes.  The month of Ramadan is upon us, and sometimes one just has to rip the band-aid off, go through the process of feeling the pain of scrutiny for owning up, and then moving forward to forgiveness.  I won’t promise it’s easy or that everyone will change, but I can at least say many of us would have an easier time accepting individuals back into the community.

What’s your view on these situations?

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