Fatwa ID: 08389
Written by Alimah Aisha Qureshi
Question:
- “When meeting a man to get to know him for marriage, does my mahram need to be present with me? When I’m doing my research, I have seen the Hadith only supports this: 1- It is done without being alone with her. 2- Not to go beyond permissible topics. 3- Not to subject oneself to Fitnah. 4- The woman should not speak in a soft manner. 5- The woman should be wearing full Hijab and be modest. 6- Not to go beyond what is necessary. I cannot find the evidence for the presence of a mahram. Even the sheikhs and scholars I listen to I have noticed are not specifically saying for the mahram to be present at each meeting but rather they should be involved generally.”
- “Recently a question was asked regarding making up missed fasts and how if you miss fasts from last year you must make them up before Ramadan and if you can’t then you must make the up and pay fidya post Ramadan – I am curious and would like further clarification. If you as a teenager missed fasts and never made them up (you were not as practising) but in the last 5 years, I have been practising and have always made-up fasts (those missed due to menses) – how would this rule apply? I have 2 questions: I’m not sure how many days I missed but from previous answers on this platform it seems I should approximate it which would put it at a high approximate of 138 missed days of fasting. I didn’t know I had to make them all up until I saw a question related to it so then made an intention to do so Alhamdulillah’s. I haven’t been able to make them all up and I am trying but in sha Allah before Ramadan, I will still have 123 fasts left to make up. How should I approach this? I assumed I need to continue making them up after Ramadhan, but do I need to pay fidya for each day missed as well or just make the fasts up? Additionally, how would I calculate fidya and what exactly is it?
- “I am a 27-year-old woman currently living in England. I met a man who expressed his interest in marrying me. After a week he told me he was divorced with 3 kids (11, 10 and 7) but that the mother was living in another country with the kids and that it won’t be an issue if we get married. I was shocked at first because he mentioned this only after a week. I’ve been in touch with him for more than a month now (both our families know) and yesterday he mentioned that he wanted to take his kids back with him (that’s not what he mentioned in the beginning). I talked to my father about this, and he said that taking care of 3 kids when I have never been married before could be very complicated. Moreover, the man is from and lives in the Middle East and my dad is afraid that a difference in mindset could add more issues. I do not know what to do as in terms of religion he seems to be someone with taqwa and hikma. I want to get married to please Allah only, but I also understand that it would be easier to do so with someone who has a similar background to mine in term of past relationships. Could you please give me your advice on the situation?”
- “Can a Muslim man get married to a born Muslim woman who has strayed from Islam and believes to be currently agnostic. Would a Nikah be valid? What is the best thing to do? If she doesn’t resonate with Islam ever, is it permissible to get married?”
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
A woman and a man who are not mahram (i.e., they are not related in a way that makes marriage impermissible) are considered strangers to each other. Islamic law prohibits a man and a woman who are not maḥram from being alone together (khalwah) due to the potential for temptation and fitnah (trial).
Therefore, if a woman is meeting a man for the purpose of considering marriage, it is essential that a maḥram (such as her father, brother, or another male relative) is present during the meeting. This presence ensures that the interaction remains within the boundaries set by Islamic law and helps prevent any situation that could lead to temptation or inappropriate behaviour.
The presence of a maḥram is not merely a recommendation but a requirement to maintain the integrity of the interaction and to safeguard both parties from potential harm. It is obligatory for a woman to observe full hijab when interacting with a non-maḥram man. This includes covering the entire body except for the face and hands and maintaining modesty in speech and behaviour.
2. Fidya is not required in your case.
In Hanafi Fiqh, fidya (compensation payment) is only due if a person is permanently unable to fast (due to chronic illness or old age) and cannot make up the missed fasts at all.
Since you’re able to fast and are actively making them up, you simply need to continue doing that. There is no fidya required for delays if there’s a valid reason.
3. In the Hanafi school of thought, a mature, sane, and free woman has the right to marry without the consent of her guardian (wali), provided the spouse is a suitable match (kufuʿ). This is based on the understanding that the woman can manage her own affairs, including marriage.
Islam places great emphasis on kindness and justice towards children, especially orphans. While this highlights the reward of caring for children, it’s essential to recognize the challenges involved. Raising children from a previous marriage requires patience, understanding, and a willingness to embrace responsibilities that may differ from those anticipated in a first marriage.
Marrying someone from a different cultural background can enrich one’s life, bringing diverse perspectives and experiences. However, it also requires adaptability and open-mindedness. Differences in upbringing, expectations, and communication styles can pose challenges. It’s important to assess whether both parties are willing to bridge these gaps and work towards mutual understanding and respect.
- In Hanafi Fiqh, the nikaḥ (marriage contract) between a Muslim man and a non-Muslim woman who is not from Ahl al-Kitab (i.e., not Jewish or Christian) is invalid.
A woman who was born Muslim but leaves Islam and becomes agnostic or atheist is considered an apostate (murtaddah) unless and until she returns to islam. A nikah with a murtaddah is invalid.
References:
- الْخَلْوَةُ بِالْأَجْنَبِيَّةِ حَرَامٌ إلَّا لِمُلَازَمَةِ مَدْيُونَةٍ هَرَبَتْ وَدَخَلَتْ خَرِبَةً أَوْ كَانَتْ عَجُوزًا شَوْهَاءَ أَوْ بِحَائِلٍ، وَالْخَلْوَةُ بِالْمَحْرَمِ مُبَاحَةٌ
Vol 6 Pg 368 Maktaba Shamila
- لَوْ جَاءَ رَمَضَانُ الثَّانِي (قُدِّمَ الْأَدَاءُ عَلَى الْقَضَاءِ) وَلَا فِدْيَةَ لِ
Rad al Muhtar Vol 2 Pg 423 Maktaba Shamila
- وإذا زوجت المرأة نفسها من غير كفء فللأولياء أن يفرقوا بينهما دفعا لضرر العار عن أنفسهم
Al Binaya Sharh al Hidaya Pg 109 Vol 5 Maktaba Shamila
- وَارْتِدَادُ أَحَدِهِمَا) أَيْ الزَّوْجَيْنِ (فَسْخٌ) فَلَا يُنْقِصُ عَدَدًا (عَاجِلٌ
Rad al muhtar vol 3 pg 193 Maktaba shamila
- She that is to be examined (60:10)
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا جَآءَكُمُ ٱلْمُؤْمِنَـٰتُ مُهَـٰجِرَٰتٍۢ فَٱمْتَحِنُوهُنَّ ۖ ٱللَّهُ أَعْلَمُ بِإِيمَـٰنِهِنَّ ۖ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَـٰتٍۢ فَلَا تَرْجِعُوهُنَّ إِلَى ٱلْكُفَّارِ ۖ لَا هُنَّ حِلٌّۭ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ۖ وَءَاتُوهُم مَّآ أَنفَقُوا۟ ۚ وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ ۚ وَلَا تُمْسِكُوا۟ بِعِصَمِ ٱلْكَوَافِرِ وَسْـَٔلُوا۟ مَآ أَنفَقْتُمْ وَلْيَسْـَٔلُوا۟ مَآ أَنفَقُوا۟ ۚ ذَٰلِكُمْ حُكْمُ ٱللَّهِ ۖ يَحْكُمُ بَيْنَكُمْ ۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌۭ ١٠
Surah Mumtahina verse 60:10
Only Allah knows best.
Written by Alimah Aisha Qureshi
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
