FAQ - 13

Question & Answer

The wife has certain rights upon the husband; now if the husband neglects some of those rights, is it permissible for the wife to ignore his sexual advances? Question:
She does not have such a right; if counseling and then warning do not help [in changing the husband’s attitude], she can take her problem to the religious judge who should take appropriate action. Answer:
On embarking on a journey or coming back, a Muslim traveller embraces and kisses his wife in public. Is this permissible for him? Question:
It is not haram to do that, if the rules of appropriate covering [of the clothes] and hijab are observed and as long as it does not entice lust [in other people]; it is preferable to refrain from this kind of behaviour. Answer:
Legal divorce according to Western laws had already taken place between a man and his wife. The husband is not willing to uphold her religious rights, neither does he pay any maintenance money for her. He refuses to listen to the religious authorities who work as a go-between. What should the wife do, knowing well that her patience under such circumstances will surely cause her [unbearable] difficulty? Question:
She should present her problem to the religious judge or his authorized representative who will then advise the husband to either provide for her or grant her religious divorce—even by appointing someone else to do that. If he refuses to do either, and it is not possible [for the religious judge] to provide for her from the husband’s wealth, the judge or his representative will pronounce the divorce for her. Answer:
Is it permissible to have sex with a non-Muslim woman —from Ahlul Kitab or others— without doing the religious marriage on the basis that her country is in a state of war, directly or indirectly, with the Muslims? Question:
This is not allowed. Answer:
A wife neither obeys her husband nor fulfills her marital duties; she also goes out without his permission to stay with her own family for seven months. Then instead of having recourse to Islamic laws, she goes to a non-Islamic court in order to get spousal maintenance, custody of the children, and divorce from her husband. Does such a wife have the right in getting anything from her husband? In such a situation, when she goes to non-Islamic court it will apply non-Islamic laws to grant her divorce and her rights (spousal support and custody of children), does she deserve her full spousal rights? Question:
The wife mentioned above does not deserve the spousal maintenance from a shari’a point of view. But her mahr (dowry) and her right of custody of children (under the age of two) should not be suspended because of her disobedience. Answer:
A young lady had gone through an operation in which her womb was removed, and consequently she had stopped having her menses for more than fifteen years. Then she married a man in temporary marriage for a length of time that has now ended. Is it necessary for her to observe the waiting period (‘idda)? And if yes, what would be the time length of her ‘idda? Question:
If she still is in the age of women who usually see their menses, then her ‘idda in the temporary marriage would be forty-five days. Answer:
Sometimes a non-Muslim woman would verbally bear witness [of belief in Islam] for the sake of marriage which does attract plausible credence for others that she has really believed in Islam. Can the others [who have doubt about her belief] still treat her as they would treat Muslims? Question:
Yes, the Islamic treatment would be applied to her as long as she does not say or do something that would contradict [her declaration of the faith]. Answer:
Sometimes the fertilized ovum of a woman is transplanted in the womb of another woman. Is this allowed? If pregnancy occurs, whose child will this foetus be considered? Question:
There is no problem as long as the haram touching and looking is not involved. And whether the genealogical mother of the child will be the genetic mother (who provided the ovum) or the biological mother (who carried the foetus in her womb), there are two views. Based on obligatory precaution, caution should be exercised in regard to both of them. Answer:
The foetus swims in the liquid that is in the mother’s womb. This liquid comes out at the time of birth or just before it, sometimes with blood, at others without blood. Is this water considered ritually pure, if it comes out without blood? Question:
Yes, it is ritually pure (tahir) in this case. Answer:
When is it permissible to abort a feotus? Does the age of the foetus have anything to do with it? Question:
Abortion is not allowed after the implantation of the [fertilized] ovum [on the lining of the womb], except if the mother’s life is in danger or the continuation of pregnancy will cause difficulty for her that is not normally bearable and there is no other solution but abortion. In this case, it would be permissible to abort the foetus as long as the soul has not entered into it; after the entering of the soul, it is not permissible at all. Answer:
Sometimes the doctors reach the following conclusion: This foetus is afflicted with a very serious disease; it is therefore preferable that it should be aborted because if that child is born, it will be deformed or will die soon after birth. Is it, therefore, permissible for the doctor to abort the foetus? Is it permissible for the mother to agree to the abortion? And who of the two will become liable for indemnity? Question:
Just the fact that the child will be deformed or that it will not live for a long time after his birth does not ever justify the termination of the pregnancy. Therefore, it is not permissible for the mother to consent to the abortion just as it is not permissible for the doctor to go ahead with the procedure. And whoever performs the abortion will become liable for the payment of indemnity. Answer:
Is a mother allowed to abort the feotus, if she does not want it while the soul has not yet entered it and there is no serious danger to the mother’s life? Question:
She is not allowed to do that, except if the continuation of the pregnancy would harm her health or put her in an unbearable difficulty. Answer:
What is the ruling in the matter of a woman embracing another woman passionately, kissing, and flirting with her with sexual desire? What if they go even further and enter the domain of deviant sexual behaviour? Question:
All of this is haram with varying degrees of prohibition. Answer:
Very often women ask specific questions [related to women’s issues] from seminations. Is it permissible for them to ask explicitly, even though some questions might be of a private nature? Is it permissible for the studentss to answer them in the same explicit manner? Question:
It is permissible for both parties for the sake of learning and teaching religious laws, but they both must have sincerity of intention, observe decency and decorum [in their speech], and refrain from explicitness in matters that are not appropriate to be expressed explicitly. Answer:
During foreplay, a sticky substance is discharged in the woman’s vagina; and when the foreplay continues, she sometimes has orgasm. Is it obligatory on her to perform major ablution (ghusl) when she reaches the first stage of discharge or only when she reaches the climax? And will this ghusl make up for wudhu? Question:
Ghusl does not become wajib for the woman until she reaches the level of sexual excitement. Once she reaches that level and the liquid is discharged, it becomes obligatory on her to perform ghusl of janabat which should compensate for wudhu. Answer:
During the pilgrimage season, women use some pills to delay the on set of their monthly period; when the period sets in, it comes with frequent intervals. Would the laws of menses apply on that discharge? Question:
If it comes with interruption and does not continue —even inside the private part after the first initial discharge— for three days, the laws of menstruation should not apply. Answer:
A vast majority of Muslim women who observe hijab are used to keeping their chins and a small part of the under chin exposed but they cover the neck. Is this permissible for them? And how big an area of the face women can expose? And are the ears included in that? Question:
The ears are not part of the face, therefore it is obligatory to cover them. As for the part of the chin and the under chin that are seen when putting on the common head scarf, it is to be considered as part of the face. Answer:
Is it permissible to shake hands with a non-mahram women who is advanced in age (qawa‘id) and do not have high hopes of getting married? What is the approximate age for qawa‘id? Question:
It is not permissible to touch the body of a non-mahram woman at all, except when necessary. There is no specific age for the qawa‘id because it varies from one woman to another; the criterion [of defining the qawa‘id] is what has been mentioned in the [Qur’anic] verse: she should be advanced in age and do not aspire for marriage (24/60). Answer:
If putting on the face veil (an-niqab) in a country [like England or America] sometimes arouses astonishment and inquiries, is it obligatory to take off such veil since it would become part of the libasu ’sh-shuhra? Question:
It is not obligatory [to do so]. However, if wearing it arouses disapproval by and dislike of the general public in a particular country, it would be classified as “libasu ’sh-shuhra” in that country and it would not be permissible to wear it over there. Answer:
Is it permissible for a woman in hijab to learn driving, if her instructor is a non-mahram and is alone with her during the driving lessons, provided that nothing haram takes place in the process? Question:
It is permissible, provided that one is immune from falling prey to immorality.

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