A HUSBAND CAN NEVER RAPE HIS WIFE

A husband can never rape his wife. when a man marries a woman and pays her mahr, she becomes lawful for him. If she refuses conjugal relations in spite of being in his nikah and after having accepted the mahr, then the la’nat (curse) of Allah and the malaaikah descend on her. The laws of the kuffaar are satanic. A woman who denies conjugal relations to her husband is termed naashizah (grossly disobedient). She is not entitled to receive maintenance from her husband. The case of husband- rape in America is a reflection of the corruption and immorality of kufr society.

If a Muslim’s wife refuses to have conjugal relations with her husband without valid shar’i reason, e.g. she is not sick, then he is allowed to force himself on her. However, living in a kufr country one should be careful of being charged for statutory rape. If the woman is of such a low degree of imaan that she will not hesitate to report the matter to the police. If she is such a woman, then the best course would be to divorce her. When a wife refuses to fulfil the rights of the marriage and refuses to permit conjugal relations, then it is no use living with such a woman. This advice of divorce is given if it has become the practice of the woman to refuse conjugal relations. Howerer, if her refusal is an occasional thing, one should not take drastic steps.

Prohibited times for sexual relations

QUESTION

“Please see below and advise if this is valid or not.

Prohibited times for sexual relations

“It is makrooh to indulge in sex during 3 nights of each Islamic month – the 1st, last & the 15th night because on these nights shaytaan is (more) on the prowl. Therefore Tuesday night (i.e. after sunset on Tuesday which will be Wednesday night Islamically) and the 2 Eids must also be avoided.

It is also makrooh to have sex in the early part of the night because this will result in the possibility of staying in a napaak (impure) state the entire night.

Sexual intercourse on a full stomach is harmful due to medical and health reasons for both the woman and the man. Furthermore, the resultant child conceived will be a dull and backward.

Preferable times for sexual relations are:

Sunday night- the child will (probably) become a Qari.

Monday night- the child will be a generous big hearted child.

Wednesday night- the child will be an uprighteous, Allah-fearing, sagacious child.

Thursday night- the child will be sincere.

Friday before Jumuah- the child will be born with good fortune.

Always remember to recite the Masnoon dua at the time of commencing cohabitation and at the time of ejaculation. The dua should be ‘recited’ in the mind only, not verbally. Both husband & wife should ‘recite’ the dua. It is reported that if a person does not recite these duas, shaitaan becomes a participant and derives pleasure from his wife.

Shah Abdul Haq Dehlawi (rahimahumullah) states in this regard: If a Dua like this is not made at time of coitus, and only the sexual urge is fulfilled like animals, the child that is born out of such a union will not be saved from the evil influence of shaytaan. This is one of the main reasons that the morals of the present generation are immoral” (Rifaatul Muslimeen)

ANSWER

The acts and advices in the question are obscure and generally unknown to the Ulama. However, we cannot discount these issues as false. There is the strong probability of the advice and admonition being valid. These kinds of issues are to be found in reliable Kutub (books) such as the works of Imaam Ghazaali, Sayyid Abdul Qaadir Jilaani, Abu Taalib Al-Makk,i Shah Abdul Haq (Rahmatullah alayhim) and others. These personalities were illustrious Ulama who at the same time were Auliya of outstanding calibre.

The narrations of these Authorities of the Shariah may not be dismissed as fabrications as is the attitude of ulama who are spiritually barren. There is strong reason to believe that these illustrious Ulama had acquired these issues from Ahaadith of Rasulullah (sallallahu alayhi wasallam) – such Ahaadith which are not found in the popular Hadith Kutub. But this is not reason for discounting narrations. The popular Hadith kutub embrace an extremely small percentage of the Ahaadith which the Muhadditheen had compiled and from which they had selected for inclusion in their kutub such as Saheeh Bukhaari, Saheeh Muslim, Sunan Abu Daawood, Sunan Nasaa’, Muwatta Maalik, Ibn Maajah and numerous other reliable Hadith kutub.

Imaam Buhkaari (Rahmatullah alayh) said: “I have memorised one hundred thousand Saheeh Ahaadith and two hundred such Ahaadith which are not Saheeh.” From this treasure of 300,000 Ahaadith, Imaam Bukhaari included in his Saheeh Bukhaari only 7,275 narrations, and after deducting the repetitions, there are only approximately 4,000 Ahaadith.

Further, the 200,000 Ghair Saheeh (not Saheeh) narrations are not fabrications to be discarded. They are technically not Saheeh in terms of the criteria formulated by Imaam Bukhaari for his high standard of authenticity. Numerous Ahaadith which are not Saheeh according to Imaam Bukhaari, are Saheeh according to other illustrious Muhadditheen. Thus, Ghair Saheeh should not be misconstrued to mean unauthentic, fabrications, forgeries, etc.

The Muhaddith, Imaam Abu Zur’ah Ar-Raazi (Rahmatullah alayh) had memorized more than 600,000 Ahaadith. He said that from these 600,000 he had memorized 100,000 Ahaadith in the manner in which Surah Ikhlaas (Qulhuwallaah) is memorized.

From this vast treasure trove of Ahaadith, the combined total of the Sihaah Sittah is approximately 10,000 narrations. Thousands of other authentic Ahaadith are scattered in innumerable kutub, and many of these kutub are no longer extant. Numerous Ahaadith were transmitted by reliable narration from generation to generation – from one Shaikh to the other down his Silsilah. It is therefore, moronic to deny the validity of advices and admonition which appear in the kutub of illustrious Ulama and Auliya such as Imaam Ghazaali, etc.

Regarding the issues mentioned in the question, it will not be sinful if not observed and not practically implemented. Nevertheless, wisdom dictates caution. It is in one’s best interest to observe the advices. And Allah knows best.

18 Muharram 1436 – 12 November 2014

SOME NECESSARY THINGS WHICH MARRIED PEOPLE SHOULD KNOW

the points listed below were sent to me from the majlis ulama south africa after my nikah in 1997.

  1. Sexual intercourse in the anus is haraam.
  2. Sexual intercourse during the state of haidh is haraam.
  3. It is preferable to be covered with a blanket or sheet when indulging in sex. Total nudity, although not sinful, is discouraged in the hadith.
  4. During the sexual act abstain from speaking.
  5. While indulging in sex with one’s wife it is haraam to think of another woman.
  6. Sex should not be indulged in immediately after having eaten. Wait for about two hours. It is harmful for the health to engage in sex on a full stomach.
  7. During the state of haidh it is not permissible to touch or even look at that part of the wife’s body which is between the navel and the knees.
  8. If the wife’s monthly haidh period is less than ten days, then it will not be permissible to engage in sex immediately when her period ends. It is necessary to wait for her to take ghusl or at least one full salaat time passing.
  9. If after having had sex once, the husband wants to have sex the second time the same night, he must wash his private part and so should the wife. It is not permissible to engage in sex the second time without having washed the private part.
  10. It is preferable to take ghusl immediately after having had sex. But, this is not compulsory. It is not good to sleep the whole night in the state of impurity. The angels of mercy do not remain with one who is in the state of janaabat.
  11. When about to indulge in sex, recite the relevant dua which could be found in almost every dua kitaab.
  12. When about to reach climax recite the relevant dua in the mind without lip movement.
  13. Oral sex is not permissible.
  14. The husband can approach his wife during sex from any angle provided that he does not have sex in the anus.
  15. One should not indulge in sex at such a time which will bring about qadha of salaat or missing of the jamaat salaat.
  16. The husband should take into consideration the health of the wife and not indulge in excessive sex. Excessive sex is harmful physically as well as spiritually.
  17. During the wife’s haidh period, if the husband is craving for sex, it is permissible for him to find relief by his wife masturbating him. Self-masturbation is not permissible.

MISC. WOMEN’S ISSUES

VARIOUS QUESTIONS AND ANSWERS RELATED TO WOMEN FROM THE MAJLIS VOL 25 NO 10

Q. Is it permissible for a wife to take a job outside the home? Can the husband prevent her?
A. It is not permissible for the wife to take a job outside the home even with the permission
of the husband. It is not permissible for her to do any work even from home without the
permission of her husband. The maintenance is the responsibility of the husband. If he provides the maintenance, and he refuses permission for his wife to work and earn even from home, then it will not be permissible for her to undertake any job even from within the precincts of the home. The husband is under Shar’i obligation to prohibit and prevent his wife from leaving the house to work or to participate in any kind of function.

Q. My husband works in an office among females who are immodestly dressed. He says that he keeps his eyes cast down. He also says that Muslim doctors and even Ulama work with women. What is the Shariah’s law in this regard?
A. The doctors and even Ulama who do not observe proper Hijaab and who work with women are not the Shariah. Their activities and their mingling with women in their professions and occupations may not be presented as a valid basis. The only basis is the Shariah, not the practices of people even if they are great Ulama. If their practices are in conflict with the Shariah, it will remain haraam and not become halaal because they happen to be ‘great’ Ulama. It is not proper and not permissible for a Muslim male doctor to attend to female patients. He should divert them to female doctors. Only if there is a valid reason upheld by the Shariah may a male doctor attend to a female and vice versa. There are numerous non-Muslim female
doctors who can handle Muslim female patients. A Muslim doctor is not supposed to work in a hospital where he has to incumbently interact with females. Thus, their actions are not Islamic proofs for permissibility.
Your husband should himself make a sincere attempt to work elsewhere where he will not be in the company of women. He is bound to fall into the pit of zina. Shaitaan and the Nafs are deceiving him.


Q. Is it permissible to donate human milk?
A. Human breast milk is haraam. Breast milk is only halaal for under two year old infants. Donating or selling human milk or any part of the human body is haraam.

Q. Will a woman be a faasiq if she does not wear niqaab?
A. A woman who does not wear Niqaab in public is worse than a faasiqah. She is a faajirah (immoral).

Q. Will the wife be disobedient if she refuses to submit to her husband’s demand for oral sex?
A. The one who makes such a filthy satanic demand is worse than a pig. Oral or shaitaan sex is haraam. The wife should not submit to the swine-filth of the husband. She will not be disobedient. She is under Shar’i obligation to refuse the haraam instructions and haraam lusts of her husband. How can a human being who is termed Ashraful Makhluqaat (The Noblest of Creation) descend into such depths of swine-inequity?

Q. Is marriage to a Salafi girl valid?
A. Marriage with a Salafi girl is valid just as marriage with a Muslim prostitute is valid. However, such a marriage will be full of misery, hence inadvisable. There will be no compatibility and the marriage is likely
to break down and end in divorce. The Deeni differences and conflicts between Salafis and the Muqallideen of the Math-habs constitute an unbridgeable chasm.

Q. Does the period of breastfeeding differ for boys and girls?
A. The period of breastfeeding is two years for both boys and girls.


Q. My mother is extremely sick and complains a lot. What advice can I give her?
A. Be of service to her to the best of your ability. Tell her that it comes in the Hadith that sickness is a purifier. It cleanses us from all our sins provided that we do not complain. Complaining will not cure the sickness. On the contrary the sickness will become worse. Sickness is also a ni’mat (favour) of Allah Ta’ala. He purifies us here on earth with sicknesses and other difficulties so that we can enter Jannat fully purified. Advise your mother to keep her tongue constantly engaged in Thikrullaah. Maut can come at any moment. Therefore, the tongue should always be engaged in some Thikr to ensure departure from this dunya with
the Kalimah on the tongue.


Q. Is imitation jewellery permissible?
A. Imitation jewellery is permissible for women except rings. Rings must be of either gold or silver.

Q. Is it proper for a man to marry a second wife only for the sake of his lust?
A. Allah Ta’ala permits a man to marry four women. As far as ‘lust’ is concerned, everyone marries to satisfy his/her lust. The primary motive for marrying even one wife is to gratify lust. Initially people marry only to satisfy lust even if only one wife is taken. Allah Ta’ala has created lust in people, hence He is aware that men require more than one wife to satisfy their lust lawfully. Never voice yourself against any Law of Allah Ta’ala. Recite Istighfaar and make Taubah.


Q. Why is it not permissible for women to attend walimahs. During the time of Rasulullah (Sallallahu alayhi wasallam), they would go to walimahs.
A. Just as it is not permissible for women to attend the Musjid even if there are separate entrances, so too is it forbidden for women to attend ‘walimahs’ nowadays. Furthermore, the ‘walimahs’ nowadays are farcical and bid’ah. In fact, it is not permissible for even men to attend the reception organized by the girl’s parents on the day of the Nikah. Such a reception is not the walimah. Women used to attend the Musjid for Salaat during the age of Rasulullah (Sallallahu alayhi wasallam). However, this was unanimously banned later by the Sahaabah.
The same applies to walimahs and to all other merrymaking functions.

Q. How many holes may a lady pierce in her ears?
A. A lady may pierce her ears only with one hole in each ear. More than one is the style of the kuffaar.

Q. My husband has cheated on me. He has struck up adulterous relationships. My heart is broken. I don’t know what to do. My health is suffering. I want to run away. Please give me some advice.
A. Countless women are undergoing the same heart-breaking problems. When men lack Taqwa, they conduct themselves like atheists. They really do not believe that Allah Ta’ala is seeing them and that the Recording
Angels are writing their misdeeds. However, do understand well that your broken heart is a wonderful treasure by Allah Ta’ala. Allah Ta’ala, in His Own Words, said to Rasulullah (Sallallahu alayhi wasallam):
“I am with every broken heart.” Your grief will not be in vain. You will receive immense rewards for patiently bearing the grief. Focus more on Allah Ta’ala. Do not ruin your health on account of the shenanigans of your husband. Maintain your health and use it to gain nearness to Allah Ta’ala. Increase ibaadat. Life on earth is short. It is full of trials. May Allah Ta’ala grant you strength and steadfastness on the Deen. May Allah Ta’ala guide your husband and protect you.

Q. A man has two wives. The one wife lives with him while the other wife lives in her own house about 100 kilometres away. This wife demands equal nights. What is the Shariah’s rule?
A. In the scenario mentioned by you, if the wife who lives 100 kilometres away desires equal nights, then she has to reside in a house procured for her by her husband in the town where he lives. She cannot demand equal nights living in her own house 100 km from her husband.

Q. I do not allow my children to visit their grandparents – my parents and my wife’s parents.
They have televisions, and in general they do not observe the rules of the Shariah such as purdah, mushtabah / haraam food, etc. They are accusing me of breaking family ties. Am I breaking family ties?
A. In fact, it is not permissible to send your children to relatives who are not strict on the Deen. Refraining from sending the children does not mean that you are severing family ties. It is the Waajib obligation of parents to ensure that the Akhlaaq of their children are not compromised by relatives. Nowadays, the safest is to stay at home, and not to visit even relatives. We are trapped in an era of fitnah and fasaad. A home where the Deen is observed is a holy sanctuary visited by the Malaaikah of Rahmat. On the other hand, houses such as the homes of your parents are haunts for the shayaateen. These people lack the haziest idea of the meaning of family ties and what constitutes disruption of breaking of family ties. Furthermore, it is haraam to uphold
‘family ties’ when in conflict with the Shariah.

Q. Is there a special thikr or amal for anxiety and depression? When my evil past comes to mind, I develop anxiety and go into depression.
A. When anxiety develops, do not brood on the past. Do not entertain the thought which is the cause for the anxiety. Instead, lapse into Thikrullah. Perform two raka’ts Nafl and engage in Thikrullah. Shaitaan tries to derail a person by causing anxiety in this manner. A Mu’min equipped with the weapon of Thikr does not suffer depression. Anxiety is an assault of shaitaan, and its antidote is Thikrullah. Rasulullah (Sallallahu alayhi wasallam) said: “Shaitaan sits glued on the heart of man. When he (man) makes thikr, shaitaan
flees. When he (man) is oblivious (ghaafil), shaitaan casts his waswasah.”

Q. I have found out that my husband is conducting relationships with women via his cell phone. He refuses to give me the password. What should I do?
A. 99% of the men of this age, including molvis and sheikhs, are involved in cellphone zina and pornography. There is nothing you will be able to do in these circumstances. Men and women are drowning in deluges of moral filth – zina and porno – of the cellphone. Little children are also addicted to this device of shaitaan. The
entire Ummah across the board, is buffeted madly in this whirlpool of cellphone filth. People no longer have Imaan. They have become atheists. They are in entirety bereft of any concept of Allah’s Omnipresence. They
have become munaafiqs. Whilst they blabber with their mouths about the Recording Angels, they sin flagrantly in front of these Malaaikah and with Allah Ta’ala looking at them. But since they do not really believe in the Presence of Allah Ta’ala and His Malaaikah, they sin recklessly. You can only constantly offer good advice to your husband and adopt Sabr. If you are unable to bear his evil abuse with patience then your marriage will end. Thus, your choice is between Sabr and Talaaq.
Q. The separation between a husband and wife was in terms of Khula’. Is it correct that the Iddat of this woman is 30 days?
A. The Iddat of a woman whether separated by Talaaq or Khula is the same. It is three haidh periods if not pregnant. If pregnant, it ends with the delivery of the child.

Dr. Zakir Naik & The Fatwa on masturbation

Muhtaram Mufti Saheb,We have come across a video by Zakir Naik wherein he gives a lengthy discussion with regards to masturbation.After reviewing the video, one is left with the strong impression that masturbation is permissible. Till now, the youth knew it to be Haram. However, this has created doubts in their minds and hearts and left them confused. Surely, such a ruling would open a door that was best left closed till now. The youth till now refrained or at least tried to refrain from this act due to the sin involved with it. If a fatwa were to remove the sin associated with this act, the youth would surely fall into this tempting trap of Shaytaan. We request Mufti Sahebs ruling on the matter. Furthermore, what is Mufti Sahebs opinion about Zakir Naik? We would appreciate your Fatwa in this matter. Jazakallah

Zakir Naik is a well-known personality famed for his skill in comparative religion studies. Alhamdulillah, he has served and continues serving that important field with much dedication. Having said that, the field of Fiqh and Iftaa is vastly different to comparative religious studies. The field of Fiqh and Iftaa contains many intricacies which an untrained, undiscerning eye will not easily identify. Therefore, it is necessary upon an individual seeking a Fatwa to refer to reliable qualified Muftis who have years of experience in this field. Nevertheless, in the video in reference, Zakir Naik says that there are 3 opinions regarding masturbation. 1. The overwhelming majority of Scholars who say that it is Haram to masturbate. This view is deduced from the following verse of the Holy Quran, وَالذِينَ هُمْ لفُروجِهِمْ حَافظونَ إلََّّ عَلى أزوَاجِهِمْ أوْ مَا مَلكَتْ أيْْانُُمْ فإنَُّمْ غيُْْ مَل وِمينَ )المؤمنون: 5، 6 (Translation: “Those (will have succeeded) who safeguard their private parts except with their wives and what their right hand possesses.”It is clear from the verse that all forms of satisfying one’s desires are prohibited. However, two exceptions have been made i.e. marriage and bondswomen. This implies that anything besides these two exceptions reverts to the default position of prohibition. Therefore, masturbation is prohibited. One cannot claim that the verse is silent with regards to masturbation. Clearly, the verse has initially outlawed every means/method of satisfying one’s sexual desires (this includes masturbation) and then makes only two exceptions to the rule. This shows that everything besides these two exceptions reverts to the default position of prohibition. The second proof cited is the following hadith, عَنْ عَبْدِ الَّلَِّ، قالَ قالَ لنا رسُولُ الَّلَِّ صلى الله عليه وسلم : يََ مَعْشَرَ الشَّبابِ مَنِ اسْتطاعَ مِنكُمُ ال بَاءةَ فَ لْيَ تَ زَوجْ فإنهُ أغضُّ للْبصَرِ وَأحْصَنُ للْفَرجِ وَمَنْ لََْ يسْتطِعْ فَ عَليْهِ بِِلصَّوْم فإنهُ لهُ وجَا ءTranslation: “Rasulullah (Sallallahu Alaihi Wasallam) said, 0 young men, those amongst you who can support a wife should marry, for it restrains the eyes (from casting evil glances) and preserves one fromimmorality; but he who cannot afford it should observe fast for it is a means of controlling the sexual desire.”Once more, one cannot claim that this hadith too is silent regarding masturbation. The fact is that the purpose behind the hadith is to stop young men from falling into the temptation of zina and Rasulullah (Sallallahu Alaihi Wasallam) has offered practical solutions to overcome that temptation. The first solution is marriage, and the second is to fast as fasting is known to curbs one’s desires. It is well known that ejaculation via masturbation will completely lower one’s desires but despite that, Rasulullah (Sallallahu Alaihi Wasallam) did not offer it as a solution. This implies that Rasulullah (Sallallahu Alaihi Wasallam) deliberately ignored masturbation as it is prohibited and hence, cannot be a solution.
Those who state masturbation is ‘makruh’.
Firstly, it is important to understand the definition of the term ‘makruh’. Whenever the Fuqaha, especially within the Hanafi school, have utilized the word ‘makruh’, it refers to Makruh Tahrimi. Makruh Tahrimi are those acts whose prohibition is accepted and proven, however, due to other reasons, it will not be given the label of Haram.In simpler terms, this group too agrees that masturbation is prohibited, however, it will not be called Haram due to other reasons. Therefore, this group and the first are in agreement with regards to the prohibition of masturbation. This only leaves an extremely fringe group as the third opinion.
An extreme minority who permit masturbation.
The one scholar relied upon for this view is Ibn Hazm (Rahimahullah) who is known for his radical views on numerous issues which non besides him have accepted. To base a ruling, despite the clear proofs of an overwhelming majority of scholars throughout history, on an irregular (Shaadh) opinion of Ibn Hazm (Rahimahullah) is succumbing to one’s desires. Furthermore, to permit masturbation is to give free reign to the assortment of vices that accompany masturbation in today’s time. It is virtually impossible to find an individual who will masturbate without the use of pornography or at the very least, illicit thoughts regarding other women. It is worth mentioning that the youth are expected to avoid any such act that will aggravate their desires. They should lower their gazes, avoid mixed gatherings, avoid reading immoral literature, etc. On the contrary, to issue a ruling of permissibility of masturbation to youth who aggravate their desires and lead their passion to unavoidable situations lacks foresight and will prove detrimental in the long run. The major consequence of issuing such a ruling is that firstly, we have given the youth who have indulged in this abominable practice an excuse to vindicate themselves. Prior to such a ruling, they atleast acknowledged the act to be sinful, leaving room for Tawbah in the future.However, by telling them it is permissible to masturbate, we have permitted them to indulge in this practice without a care. Secondly, such a ruling will impact those youth who have so far protected themselves from this act. By removing this abhorrence towards the act, we have removed the fear of sin and the sanctity of purity and chastity from their hearts. We therefore categorically state that masturbation is not permissible and has long lasting negative implications. This is also the view of the vast majority of our Fuqaha. This act is abominable in the eyes of men and is said to have been a practice of the people of Sodom and Gomorrah who had incurred the wrath of Almighty Allah. Almighty Allah destroyed the nation by upending the land on them and burying them deep in the earth. The dead sea is a manifestation of the dead values of Sodom and Gomorrah. And Allah Ta’āla Knows Best

Bilal Yusuf Pandor

Student Darul Iftaa

Lusaka, Zambia

Checked and Approved by,Mufti Ebrahim Desai

Qur’an on Homosexuality: Setting the Record Straight

By Khalid Baig

In the post colonial world the “civilizing mission” continues and the crusade for civilizing the backward Muslims into embracing the sexual mores of the civilizers is going full speed ahead. Since openly declaring that the Qur’an and Islam are plain wrong does not get you much mileage with the target audience, their challenge is how to perform a perfect inversion of Qur’anic teachings and simultaneously assure everyone that this inversion is in harmony with one’s belief in the Qur’an. Consider homosexuality. The Qur’an condemns it in no uncertain terms and calls those who committed it as musrifoon (going beyond limits) (7:81), Qaumun Aadoon (transgressing bounds) (26:166), Qaumul Mufsideen (mischievous people)(29:30), and Zalimeen (evildoers) (29:31). In other words they were extremists to the nth degree. The civilizers’ dilemma: How to declare those who want to legitimize this practice in the Muslim society as moderates and those who question this extremism as extremists and hardliners?

It is an impossible task but that has not kept the daring from trying. No wonder the new champions cannot agree on what their argument is. One of them, Scott Siraj al-Haqq Kugle says “The Koran does not condemn homosexuality.” Another pundit, Arash Naraghi, an Iranian academic in the US, says that the Qur’an does condemn homosexuality but it is okay anyway because reason says so. “Verses decrying homosexuality…stem from common beliefs at the time of writing, and should be re-examined,” he declares. The Economist, which is searching for “theological latitude,” quotes both of them with satisfaction and without the smallest hint that they are mutually contradictory, as means of making “progress”. 1

The story of the people of Prophet Lut (Lot) is mentioned in more than ten surahs in the Qur’an. This is a story of crime, defiance, and punishment: Unprecedented crime, extremism in insisting on that crime, and exemplary punishment. Anyone who reads this narrative with an open mind can have not the slightest confusion about Islam’s attitude about homosexuality. People do have a right to accept or refuse to accept Islamic teachings, values, and commandments. But no one has a right to lie about them. Unfortunately there are many who are willing to do just that these days. This account is, therefore, offered to set the record straight.

The first thing the Qur’an mentions is that homosexual practice was invented by the people to whom Prophet Lut was sent as a messenger. He is very emphatic about this: “And [remember] Lut, when he said unto his people: ‘Do you commit abominations such as none in all the world has ever done before you?’” (Al-A’raf 7:80)

The Qur’anic word is al-fahisha, which means lewdness, shameful act, indecency. Fornication and adultery (zina) are also mentioned as examples of fahisha in the Qur’an. (Isra 17:32). But here the definite article al is added to show the even more serious nature of this act. Homosexual act is not fahisha but al-fahisha. It is not just a shameful act but the shameful act, the lewdness, the abomination.

Secondly in telling that no one before them committed this act, the Qur’an uses the word min in addition to ahadin. Without this, it would still mean that no one did it before you. But with min emphasis is added. In other words, no one whosoever ever did this act among all the creatures. This is an outright rejection of the claim that this tendency is an inborn and ingrained part of nature for which no person should be held accountable. Prophet Lut accuses them of having made this choice. And the Sodomites do not say that they are helpless because it is a call of nature. Rather they say, “You know very well what we want.” (Hud, 11:79). And that the Prophet would be added to the list of people who have been expelled from their city for objecting to their practices if he does not cease and desist from criticizing their way of life. (Al-Shu’ra 26:167). They are the inventors of this perversion and fully committed to use of violence to defend it.

This Qur’anic account regarding the genesis of this perversion is attested to not only by the Bible and the Talmud but also by the terms used to describe this act in languages around the world. It is sodomy in English, sodomie and sodomiser (the doer) in French, sodomia and sodomizar in Spanish and sodomi in Norwegian. Sodomie in German and sodomia in Polish also refer to variant forms of sexual perversion. All pointing to the fact that it was invented in Sodom, which was the principle city of these people. In Arabic and languages influenced by it like Urdu the term used is liwatat or aml qaum lut, referring to the practice of the people of Prophet Lut. Again it is pointing to the same date and place of invention.

The date is about four thousand years ago. For thousands of years before that no one ever felt the urge for this perversion. Obviously if it was in human nature then some people in earlier times should also have expressed this inclination. The place is the area now submerged under the Dead Sea. This was a very prosperous and rich fertile land. Then the punishment came in the form of a huge earthquake and rain of brimstones and fires that turned their world upside down. The area then became the lowest point on the face of the earth, being about 1300 feet below sea level. It was submerged under the ocean and turned into a desolate place where little life exists. Its harsh environment permits neither fish or other sea animals nor aquatic plants. It was as the Qur’an said: “And verily of that We have left a clear sign for people who have sense.” (Ankabut 29:35).

Sodomites committed other crimes as well like highway robbery and performing shameful acts in public as mentioned in one place in the Qur’an (Ankabut 29:29). But their biggest crime was homosexuality, which is mentioned repeatedly. And then there was defiance. When Prophet Lut warned them about divine retribution, they challenged him to bring it on. (Ankabut 29:29). Their fate was thus sealed by their own demand. That was before the angels arrived at the scene. Their invasion of the house of Prophet Lut for the explicit purpose of molesting the angels who appeared in the guise of beautiful young men was thus just the last nail in their coffin. It was not the primary reason for their punishment.

Some people have tried to distort the Qur’anic account by claiming that their crime was rape not homosexuality. Others have surmised that the problem was that they were targeting young children, otherwise it would be fine. The Qur’an does not leave the slightest possibility of such interpretation. It says: “Verily, with lust you approach men instead of women.” (Al-A’raf 7:81). It is rijal (men) not atfal (children). It is for the act itself, without any mention of compulsion, that they are called as musrifoon (going beyond limits).

Also significant is the role of Prophet Lut’s wife. While in the entire town only one house was saved, that of Prophet Lut, even in that house there was an exception. It was the wife of the Prophet, who was killed with the rest of the people. Her fate is mentioned repeatedly so it does not remain just a footnote to the story. Why was she punished? Not for committing homosexual acts but for betraying her husband (Tahreem 66:10). She betrayed the cause of her husband by being an active sympathizer with the people and therefore shared their fate.

When the people invaded the house of Prophet Lut, and he was at the point of despair, the people were blinded by the angels (Qamar 54:35). We can see a figurative blindness in the people who try to make a case for approval of homosexuality in Islam. A most bizarre argument that has been forwarded by some of them is that the Qur’an mentions the presence of young boys as servants in Paradise. Interestingly it is the same people who argue that the modern homosexual affair is between consenting adults and that they also agree that sex with young boys is wrong. Yet that is what comes to their lustful minds when they read the accounts of the servants in the Qur’an. If they had maintained their sensibilities, they would have realized that this Qur’anic account actually gives exactly the opposite message. In Paradise women will not be in the public places. They will be in the private space, where they will not face the attention of anyone except their husbands (“houris, cloistered in cool pavilions” Rahman 55:72). Young boys will be in all the public places, because those who enter Paradise will not look at them with any sexual desires. They will have nothing to worry as those who could look at them with desire will not be in Paradise at all. They will be in the exact opposite of Paradise, whose small manifestation was given to the people of Prophet Lut.

May Allah protect us all from the Fire and the acts that lead to it.

1 The Economist, Feb 4th 2012 http://www.economist.com/printedition/2012-02-04.

Should a homosexual get married?

QUESTION

Assalaamu Alaikum,

I have been asked the following question. I would appreciate your response to it.

I know the act of homosexuality is haraam in Islam, but the person is not punished for their desires so long as they refrain (is this correct?) – but I wondered in the case of a homosexual muslim is it better for him or her to remain unmarried and celibate or to marry the opposite gender and risk violating the prohibition on treating spouses unfairly? I’ve heard of hadith in which Muhammad (pbuh) prohibited celibacy but I’m not sure if these are authentic and what the context of these is.

ANSWER

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, it is a common misconception that a person can be born with such inclinations. However, this is not true. Consider the following Hadith:

Rasulullah (Sallallahu Alayhi Wasallam) said:

حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ، حَدَّثَنَا حَجَّاجُ بْنُ الْمِنْهَالِ، قَالَ سَمِعْتُ حَمَّادَ بْنَ سَلَمَةَ، يُفَسِّرُ حَدِيثَ ‏”‏ كُلُّ مَوْلُودٍ يُولَدُ عَلَى الْفِطْرَةِ ‏”

“Every child is born on a natural disposition”

The natural disposition that Allah has created within humans is that males are attracted to females and vice versa.

A person becomes inclined to such activity due to the company he keeps, the material he reads or views or other external influences. It is not a natural inclination.

An innate inclination towards homosexuality does not render it natural and ultimately acceptable. If a person is inclined to the same gender, he is required to curb his desires just as in the case where a person is inclined to a woman who is Haram for him. He is required to control his desires and abstain.

Islam has recognised the needs of a person and has paved a path for him to fulfil these desires through Halal methods. Nikah (marriage) has been ordained so that people may fulfil their desires in a Halal way.

Nikah is a Sunnah of all the Prophets and in particular a Sunnah of Rasulullah (Sallallahu Alayhi Wasallam).

 

عَنْ عَائِشَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ “‏ النِّكَاحُ مِنْ سُنَّتِي فَمَنْ لَمْ يَعْمَلْ بِسُنَّتِي فَلَيْسَ مِنِّي وَتَزَوَّجُوا فَإِنِّي مُكَاثِرٌ بِكُمُ الأُمَمَ وَمَنْ كَانَ ذَا طَوْلٍ فَلْيَنْكِحْ وَمَنْ لَمْ يَجِدْ فَعَلَيْهِ بِالصِّيَامِ فَإِنَّ الصَّوْمَ لَهُ وِجَاءٌ ‏” (سنن ابن ماجه-1846)

 

It was narrated from Aishah that: The Messenger of Allah said: “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations. Whoever has the means, let him get married, and whoever does not, then he should fast for it will diminish his desire.” (Ibn Majah-1846)

From the above narration, we understand that we are encouraged to practise on this Sunnah of Nikah.

The remedy of marriage is also found in the story of Lut (Alayhis Salaam) when he called on his people to marry, because that is an effective remedy in which the one who is affected by this illness can direct his desires in the permissible manner of Nikah.

In the aforementioned Hadith, Rasulullah (Sallallahu Alayhi Wasallam) also gave a remedy to the people who are not able to get married (due to some financial reason etc.). They are required to diminish their desires through fasting.

Therefore, it is essential that one who has these inclinations curbs his desires, sincerely repents to Allah and strives to do acts of obedience and when he feels that he has started going in the right direction, he may marry someone who will keep him chaste.

And Allah Ta’āla Knows Best

Student-Darul Iftaa

Checked and Approved by,
Mufti Ebrahim Desai.

ZINA AND THE PLAGUE

ZINA AND THE PLAGUE

Among the causes of a plague is the prevalence of zina. When this filth becomes widespread, it becomes a cause for a plague. In this era both Muslims and non-Muslims indulge in fornication and adultery flagrantly and blatantly. In fact, zina and deeds of satanic perversion have acquired acceptance and even respect.

Rasulullah (Sallallahu alayhi wasallam) said:

“When faahishah (zina, homosexuality and immorality of all kinds) become rampant, then plagues and such diseases will afflict the people, of which their forefathers had not heard.”

The planet earth is rotten with fornication, adultery, homosexuality, lesbianism and other satanic varieties of sexual perversion. Almost every Muslim indulges in cellphone zina. Indulgence in cellphone pornography is filth in which even ‘scholars’, molvis and sheikhs indulge.

Those who indulge in these cesspools of filth and moral inequity appear to be atheists. It is not possible for a true Mu’min to become addicted to such rot and filth. While a sin can be committed in a moment of ignorance and nafsaaniyat, a Mu’min does not become an addict of immorality nor does he pre-plan sin.

Remember that Rasulullah (Sallallahu alayhi wasallam) said that when a person indulges in zina, his Imaam exits from his body and remains suspended. Should any one of the fornicators perish in the act, he dies without Imaan. This applies to even cellphone zina.

In terms of the Aakhirat, zina of the eyes, zina of the ears, zina of the tongue, zina of the mind and heart are also actual zina, i.e. the actual act of adultery. The punishment in the Aakhirat will be the same.

It is not surprising if the current epidemic is the consequence of the planet submerged in the filth of fornication, adultery, sexual perversion and the like.

8 Sha’baan 1441 – 2 April 2020

CORRUPT IVF FATWA

FATWA ZIGZAGERY

A CORRUPT IVF FATWA

Question

Kindly peruse this ruling. It appears from this ruling that there is leeway for the permissibility of IVF. Is this correct? Is artificial insemination permissible at any time?

THE FATWA OF MUFTI EBRAHIM DESAI

Choosing the gender of a child with IVF – Is it Halaal?

QUESTION

“Can I make use of a type of IVF where a couple can choose the gender e.g. boy or girl, is this Halaal?

ANSWER:

Almighty Allah says in the Holy Quran,

لِلَّهِ مُلْكُ السَّمَـوَتِ وَالاٌّرْضِ يَخْلُقُ مَا يَشَآءُ يَهَبُ لِمَن يَشَآءُ إِنَـثاً وَيَهَبُ لِمَن يَشَآءُ الذُّكُورَ – أَوْ يُزَوِّجُهُمْ ذُكْرَاناً وَإِنَـثاً وَيَجْعَلُ مَن يَشَآءُ عَقِيماً إِنَّهُ عَلِيمٌ قَدِيرٌ (الشوري:49)

Translation: “To Allah belongs the kingdom of the heavens and the earth. He creates what He wills. He bestows female upon whom He wills and bestows male upon whom He wills. Or He bestows both males and females, and He renders barren whom He wills. Verily, He is the All-Knower and is Able to do all things.”

(Comment by The Majlis: So far, the fatwa is correct.)

Human beings by nature have desires and wants. Almighty Allah is the Knower of all things. He knows exactly what is best for us. If He decides to give us something, there can be no doubt regarding it being best for us. Almighty Allah says in the Holy Quran,

وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ (البقرة:216)

Translation: “But perhaps you hate a thing, but it is good for you; and perhaps you love a thing, but it is bad for you. And Allah Knows, while you know not.”

It is a fundamental principle of Islamic Jurisprudence that one must avoid imposing upon one’s physical body actions that are usually considered to be unnatural and unconventional unless there is a dire necessity for doing so. (This is correct – The Majlis) For instance, the human body is accustomed to acquiring its food and drink orally through the gullet, but there are times when, due to certain ailments, food cannot be given to a patient orally. In such cases, the patient is then fed intravenously. Oral feeding is the conventional method whereas the intravenous one will be considered to be the unconventional one.

Shari’ah only permits the intravenous method due to necessity as man cannot usually survive without food and drink.”

(Comment by The Majlis: The Mufti has expressed himself incorrectly on this point. The body has not been artificially customized for the natural process/method of consuming food. The way people are consuming their food is natural. It is the natural method created by Allah Ta’ala. It is not merely a ‘conventional’ method. It is not a method which has been adopted and made conventional. It is the only natural way for the ingestion of food.
When a person, due to some grave disease, is unable to eat with his mouth and is forced by circumstances to consume food with his posterior or be fed intravenously, then such methods will be unnatural, not merely ‘unconventional’. An unconventional method can sometimes be natural, e.g. drinking water with a straw, or eating with knives and forks, or eating from a brand new or a thoroughly cleansed chamber pot. While this kind of westernized shaitaan will be eating naturally (i.e. via his mouth), the method will be unconventional and haraam.
Thus, the unnatural method will be permissible ONLY in case of Dharoorat (DIRE NEED), not hallucinated ‘need’ as the liberal muftis of this time imagine. Dire Need (Dharoorat) is only a need upheld by the Shariah.
The factor of Zigzagery

At this stage in his fatwa, the Mufti has subtly introduced the first step in his Zigzag datwa. He has subtly introduced the factor of Dharoorat to render the reader’s mind conducive for the acceptance of the corrupt, baatil conclusion of his liberal view.

The ploy is to imprint in the mind of readers that the desire of having a child is a Dharoorat, hence the ‘permissibility’ of artificial insemination. Thus the zigzagging between Haqq and baatil should be conspicuous to all intelligent men.
Continuing his fatwa, the Mufti says:

“In the absence of necessity, Shari’ah does not recommend the usage of unconventional methods of infusing objects into the body.” (This is incorrect. It is a devious attempt to mismanipulate the Shar’i principle of Dharoorat, and to confuse the unlearned. In the absence of ‘necessity’ (Dharoorat), the Shariah forbids usage of unnatural and unconventional methods. The Shariah does not merely “not recommend” the haraam methods. It strictly forbids the satanic methods. This is the second step in the process of zigzagery. -The Majlis)

Zigzagging back to the Shariah, the Mufti says:

“That brings us to your question regarding artificial insemination. As all the modern methods of artificial insemination (GIFT, IVF, IVI and ICSI) are not conventional (in fact are unnatural satanic methods – The Majlis) methods of inducing fertilization nor are these procedures a matter of life and death, opting for these procedures would be against the principles of Shari’ah.

In instances where these procedures are carried out by a doctor, which is more likely, many aspects of it will be considered to be prohibited by the Shari’ah.

Firstly, the male will be required to extract sperm through masturbation. This is not permissible. In the event the sperm is extracted lawfully, the female will be required to expose her Awrah to the doctor. One is only allowed to expose the Awrah to a doctor in the case of dire necessity.

(The Majlis comments: This section of the fatwa conforms with the Shariah. However, the Mufti reverting to his zigzag haraam liberal trajectory, avers):
“If you are unable to conceive through natural methods, and there are no other alternatives, then there is leeway in making use of IVF.”
(Our Comment: This is the satanism which shaitaan has inspired into the brains of the Mufti. With this stupid statement he seeks to impose on the understanding of ignorant people that sterility (uqmah/barrenness) is Shar’i Dhuroorat justifying the commission of haraam and a major sin.
While this wayward Mufti begins his Zigzag fatwa with the appropriate Qur’aanic Aayat, he conveniently or surreptitiously or ignorantly refrains from taking into account the penultimate statement of the Aayat which has a fundamental bearing on the issue under discussion. In this statement, Allah Azza Wa Jal says: “He makes barren whomever He wills.”
The sterility whether in the woman or the man, is the act and will of Allah Ta’ala. In this Aayat, Allah Azza Wa Jal explicitly informs us of His Will and Desire. Under no stretch of Imaani rationality and reasoning can it ever be valid to act in contravention of Allah’s Will and Desire despite the fact that in this dunya Allah Ta’ala has bestowed to humans limited ability to act in conflict with His Will. Since this dunya is the arena of trial and conflict where Muslims have to choose between halaal and haraam, vice and virtue, the limited freewill has been granted to man.
However, the freedom to act in violation of Allah’s Will and Desire does not halaalize the improper utilization of the freedom to act. It is Allah’s Will and Desire that adultery be not committed despite the fact that man has been granted the freedom to act in conflict with the Divine Will. Similarly, it is HARAAM to violate Allah’s Will and Desire regarding ‘barrenness’ despite the haraam ability to do so by the satanic IVF technique invented by the Satanist atheists.
It is this satanistic technique of artificial insemination which is a conglomeration of haraam, filth and satanism which this miserable Mufti Sahib has attempted to slip into the Permissibility folds of the Shariah by the intentional misapplication of the Shar’i principle of Dharoorat.
The Mufti has painfully, stupidly and satanically laboured most deviously and without dexterity, to zigzag his baatil view of permissibility into the fabric of the Shariah.
If a woman is unable to conceive lawfully by the natural method created by Allah Ta’ala, or by even permitted unconventional methods (such as Ta’weez and Amaliyaat, and lawful medicine) which all come within the purview of lawful Asbaab (valid material ways), then it does not justify nor render permissible the haraam satanic techniques of the atheists kuffaar. Her only recourse is Dua, Sabr and Tawakkul. There is no other option. –The Majlis)
The Mufti then says:

“However, it will still not be permissible to tamper with any aspect of the process to ensure a specific gender. Whatever has been decreed for you can never escape you. If you are granted males, be thankful. If you are granted females, then too you must be thankful.”

(While this is correct, it is an attempt to zigzag back to the Shariah, albeit a futile attempt. It is futile because it is in stark conflict with his ‘leeway’ view. There is no difference between this haraam attempt and the other haraam attempt of IVF for the purpose of pregnancy. Both techniques, i.e. to resort to haraam for inducing pregnancy, and for resorting to haraam for selecting the gender of the future child, are satanically villainous, hence HARAAM. There is absolutely no Shar’i Dharoorat principle applicable in these two haraam techniques.Whtever has been willed by Allah Ta’ala for you, accept it with contentment.
Rasulullah (Sallallahu alayhi wasallam) said: “It is of the good fortune of a person that he is pleased with whatever Allah has decreed for him/her.” – The Majlis
With conspicuous hollowness and insincerity, the Mufti advises:

“Have hope in the mercy and bounties of Almighty Allah. Make Dua to Almighty Allah if you wish for a specific gender. Almighty Allah says in a Hadith Qudsi,

يقول الله تعالى: أنا عند ظن عبدي بي

Translation: “I am to my slave as he thinks of me, (i.e. I am able to do for him what he thinks I can do for him).”
Checked and Approved by,
Mufti Ebrahim Desai.

OUR FURTHER COMMENT

The haraam and corrupt fatwa issued by Mufti Ebrahim Desai on the issue of IVF is incompatible with the sentiments expressed by the Mufti in the above avernment. These sentiments may not be restricted to only selective haraam acts. Dua, Tawakkul, Sabr and Ridha apply to all states of the Mu’min. These noble attributes of moral excellence have to be incumbently employed in all instances which demand abstention. Just as it is Waajib to abstain from the haraam technique of gender-selection, so too is it Waajib to abstain from the haraam technique of inducing pregnancy.

Our advice to the Mufti Sahib is to endeavour the restoration of his Imaani bearings by shunning western ideas of liberalism which the Muftis of today adopt especially in modern financial matters, more specifically in the dalliance with the riba banks. Fear Allah Ta’ala. Maut constantly hovers over our heads. Prepare for the stay in Barzakh. Do not barter away your Aakhirah in exchange for the jeefah of this dunya. Rasulullah (Sallallahu alayhhi wasallam) said:

“The dunya is jeefah (carrion).”

24 Jamadil Ukhra 1441 – 19 February 2020

What is the shar’i ruling of hermaphrodites with regards to marriage and inheritance?

1.What is the shar’ee ruling regarding a hermaphrodite with regards to:

a)marriage

b) inheritance?

2. In a case where a man married a hermaphrodite, not knowing her natural phenomenon (as he/she is predominantly feminine in features) happens to find out after the nikah has been performed, what is the ruling concerning this?

Answer:

 

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

hermaphrodite is an organism that has reproductive organs normally associated with both male and female sexes.  It is known as a khuntā in the Arabic language.  All the books of Islamic law have a chapter dedicated to the laws relating to a khunthā.  [1]

 

Firstly, all measures will be taken to ascertain the sex of a khunthā.  If the hermaphrodite urinates from the male reproductive organ, he will be regarded as a male.  If the hermaphrodite urinates from the female reproductive organ she will be regarded as female.  If the hermaphrodite urinates from both male and female organs, the first one to release urine will be considered.  All these signs will be analysed to ascertain the gender of the hermaphrodite prior to adolescence.[2]

 

If the gender of the hermaphrodite was not ascertained prior to maturity, then the gender will be determined after maturity.[3]

 

The hermaphrodite will be classified as a male in the following instances:

  • He has conjugal relations with his male reproductive organ.
  • He has facial hair.
  • He experiences nocturnal discharge like men.
  • His testimony of his inner self.
  • He is inclined to women.

 

The hermaphrodite will be classified as a female in the following instances:

  • The growth of breasts like women.
  • The experiencing of menstruation.
  • She has intercourse like a female.
  • She falls pregnant.
  • She lactates.

 

If none of these signs transpire, the hermaphrodite will remain a hermaphrodite.  According to Imam Sarakhsi rahimahullah, it is virtually impossible for some of the above signs not to manifest.[4]

 

A hermaphrodite’s marriage will be not be valid until the gender is ascertained.[5] If the gender is ascertained and the sex is the same as that of the partner, the nikāh will be invalid.  If the sex of the hermaphrodite is opposite to that of the partner, the hermaphrodite if he is a male, then he will be given one year respite to remove any physical defects, or else the partner may apply for an annulment of the marriage.[6] If the hermaphrodite is a female,   there is no need for a respite as the husband has the right of divorce.

 

To hide such defects which are generally disliked or cause disinclination to a prospective spouse is deception.  The Prophet salallahu alaihi wasallam said,

“Whoever deceives us is not from amongst us.”[7] (Sahih Muslim)

 

With regards to inheritance, a hermaphrodite will receive the share which is the lesser amount of the possible shares.  In every scenario, the hermaphrodite will be envisaged a male and female, in whichever state the hermaphrodite receives less, the hermaphrodite will be treated as that gender for that particular scenario and subsequently given that share.[8]

 

 

And Allah Ta’āla Knows Best

Mawlana Faraz ibn Adam,
Student Darul Iftaa

Leicester, United Kingdom

 

Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net


[1] وفي بدائع الصنائع

فَالْخُنْثَى مَنْ لَهُ آلَةُ الرِّجَالِ وَالنِّسَاءِ، وَالشَّخْصُ الْوَاحِدُ لَا يَكُونُ ذَكَرًا وَأُنْثَى حَقِيقَةً، فَإِمَّا أَنْ يَكُونَ ذَكَرًا، وَإِمَّا أَنْ يَكُونَ أُنْثَى. (ج 7 ص 327 دار الكتب العلمية)

[2] اللباب في شرح الكتاب

إذا كان للمولود فرجٌ وذكرٌ فهو خنثى، فإن كان يبول من الذكر فهو غلامٌ، وإن كان يبول من الفرج فهو أنثى، وإن كان يبول منهما والبول يسبق من أحدهما نسب إلى الأسبق، فإن كانا في السبق سواءً فلا عبرة بالكثرة عند أبي حنيفة، وقال أبو يوسف ومحمدٌ: ينسب إلى أكثرهما.(ص 389 دار قباء)

وفي البناية

ولأن البول من أي عضو كان فهو دلالة على أنه هو العضو الأصلي الصحيح، والآخر بمنزلة العيب.ج 13 ص 259 دار الكتب العلمية

[3] وفي المبسوط لشمس الأئمة السرخسي (المتوفى: 483هـ)

وَهَذَا الَّذِي هُوَ مُشْكِلٌ لَا يَخْلُو إذَا بَلَغَ هَذِهِ الْمَعَالِمَ وَإِنَّمَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ فَلَا بُدَّ أَنْ يَزُولَ الْإِشْكَالُ بِظُهُورِ عَلَامَةٍ فِيهِ فَإِنَّهُ إذَا جَامَعَ بِذَكَرِهِ أَوْ خَرَجَتْ لَهُ لِحْيَةٌ أَوْ احْتَلَمَ كَمَا يَحْتَلِمُ الرِّجَالُ فَهُوَ رَجُلٌ وَقَوْلُهُ فِي ذَلِكَ مَقْبُولٌ؛ لِأَنَّهُ أَمْرٌ فِي بَاطِنِهِ لَا يَعْلَمُهُ غَيْرُهُ، وَقَوْلُ الْإِنْسَانِ شَرْعًا مَقْبُولٌ فِيمَا يُخْبِرُ عَمَّا فِي بَاطِنِهِ مِمَّا لَا يَعْلَمُهُ غَيْرُهُ، وَإِنْ

كَانَ لَهُ ثَدْيَانِ مِثْلُ ثَدْيَيْ الْمَرْأَةِ أَوْ رَأَى حَيْضًا كَمَا تَرَى النِّسَاءُ أَوْ كَانَ يُجَامَعُ كَالْمَرْأَةِ أَوْ ظَهَرَ بِهِ حَبَلٌ أَوْ نَزَلَ فِي ثَدْيَيْهِ لَبَنٌ فَهُوَ امْرَأَةٌ؛ لِأَنَّ هَذِهِ عَلَامَاتِ الْفَصْلِ لِلْبُلُوغِ وَلَا بُدَّ أَنْ يَظْهَر عَلَيْهِ بَعْضُهَا عِنْدَ بُلُوغِهِ؛ فَإِنَّهُ لَا يَخْلُو إذَا بَلَغَ عَنْ هَذِهِ الْمَعَالِمِ. قُلْنَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ وَإِنَّمَا يَكُونُ ذَلِكَ فِي صِغَرِهِ إذَا مَاتَ قَبْلَ أَنْ يَبْلُغَ وَقَدْ بَيَّنَّا اخْتِلَافَ الْعُلَمَاءِ فِي مِيرَاثِهِ قَبْلَ أَنْ يَسْتَبِينَ أَمْرُهُ فِيمَا سَبَقَ.-ج 30 ص 105 دار المعرفة

وفي مجمع الأنهر شرح ملتقى الأبحر

فَإِذا بلغ فَإِن ظَهرت بعض عَلَامَات الرِّجَال من نَبَات لحية أَو قدرَة على الْجِمَاع أَو احْتِلَام كَالرّجلِ، فَرجل، فَإِن ظهر بعض عَلَامَات النِّسَاء من حيض وحبل وإنكسار ثدي ونزول لبن فِيهِ، وتمكين من الْوَطْء فامرأة، وَإِن لم يظْهر شَيْء أَو تَعَارَضَت هَذِه المعالم مِثْلَمَا إِذا حاض وَخرجت لَهُ لحية أَو يَأْتِي وَيُؤْتى فمشكل. قَالَ مُحَمَّد: الْإِشْكَال قبل الْبلُوغ، فَإِذا بلغ فَلَا إِشْكَال، وَإِذا ثَبت الْإِشْكَال أَخذ فِيهِ بالأحوط -ج 1 ص 469 دار الكتب العلمية

وفي الجوهرة

قَوْلُهُ (فَإِذَا بَلَغَ الْخُنْثَى وَخَرَجَ لَهُ لِحْيَةٌ أَوْ وَصَلَ إلَى النِّسَاءِ فَهُوَ رَجُلٌ) وَكَذَا إذَا احْتَلَمَ كَمَا يَحْتَلِمُ الرِّجَالُ أَوْ كَانَ لَهُ ثَدْيٌ مُسْتَوِي. قَوْلُهُ (وَإِنْ ظَهَرَ لَهُ ثَدْيٌ كَثَدْيِ الْمَرْأَةِ أَوْ نَزَلَ لَهُ لَبَنٌ فِي ثَدْيِهِ أَوْ حَاضَ أَوْ حَبِلَ أَوْ أَمْكَنَ الْوُصُولُ إلَيْهِ مِنْ الْفَرْجِ فَهُوَ امْرَأَةٌ) ؛ لِأَنَّ هَذَا مِنْ عَلَامَاتِ النِّسَاءِ. وَأَمَّا خُرُوجُ الْمَنِيِّ فَلَا اعْتِبَارَ بِهِ؛ لِأَنَّهُ يَخْرُجُ مِنْ الْمَرْأَةِ كَمَا يَخْرُجُ مِنْ الرَّجُلِ كَذَا فِي شَرْحِهِ وَصُورَةُ الْحَبَلِ بِأَنْ يَتَمَسَّحَ بِخِرْقَةٍ فِيهَا مَنِيٌّ فَإِنْ قِيلَ ظُهُورُ الثَّدْيَيْنِ عَلَامَةٌ مُسْتَقِلَّةٌ فَلَا حَاجَةَ إلَى ذِكْرِ اللَّبَنِ قِيلَ؛ لِأَنَّ اللَّبَنَ قَدْ يَنْزِلُ وَلَا ثَدْيَ أَوْ يَظْهَرُ لَهُ ثَدْيٌ بِحَيْثُ لَا يَتَمَيَّزُ مِنْ ثَدْيِ الرَّجُلِ فَإِذَا نَزَلَ اللَّبَنُ وَقَعَ التَّمْيِيزُ. قَوْلُهُ (فَإِنْ لَمْ يَظْهَرْ لَهُ إحْدَى هَذِهِ الْعَلَامَاتِ فَهُوَ خُنْثَى مُشْكِلٌ) إنَّمَا قَالَ فَهُوَ وَلَمْ يَقُلْ فَهِيَ؛ لِأَنَّهُ لَوْ أَنَّثَهُ يَكُونُ تَعْيِينًا لِأَحَدِ الْأَمْرَيْنِ وَقِيلَ إنَّمَا ذَكَرَهُ لِأَنَّ التَّذْكِيرَ هُوَ الْأَصْلُ لَا عَلَى التَّعْيِينِ. (ج 1 ص 358 مير محمد كتب خانه)

وفي تحفة الفقهاء علاء الدين السمرقندي (المتوفى: نحو 540هـ)

وَإِنَّمَا يظْهر الْحَال وَيَزُول الْإِشْكَال بِالْبُلُوغِ بِظُهُور الْحيض وَالْحَبل ونهود الثديين ونبات اللِّحْيَة والاحتلام وَنَحْوهَا فَيجْرِي عَلَيْهِ أَحْكَام الذّكر أَو الْأُنْثَى -ج 3 ص 357 دار المتب العلمية

[4] وفي المبسوط لشمس الأئمة السرخسي (المتوفى: 483هـ)

وَلَا بُدَّ أَنْ يَظْهَرَ عَلَيْهِ بَعْضُهَا عِنْدَ بُلُوغِهِ؛ فَإِنَّهُ لَا يَخْلُو إذَا بَلَغَ عَنْ هَذِهِ الْمَعَالِمِ. قُلْنَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ وَإِنَّمَا يَكُونُ ذَلِكَ فِي صِغَرِهِ إذَا مَاتَ قَبْلَ أَنْ يَبْلُغَ وَقَدْ بَيَّنَّا اخْتِلَافَ الْعُلَمَاءِ فِي مِيرَاثِهِ قَبْلَ أَنْ يَسْتَبِينَ أَمْرُهُ فِيمَا سَبَقَ. (ج 30 ص 105 دار المعرفة)

[5]وفي حاشية ابن عابدين

(هُوَ) عِنْدَ الْفُقَهَاءِ (عَقْدٌ يُفِيدُ مِلْكَ الْمُتْعَةِ) أَيْ حِلَّ اسْتِمْتَاعِ الرَّجُلِ – مِنْ امْرَأَةٍ لَمْ يَمْنَعْ مِنْ نِكَاحِهَا مَانِعٌ شَرْعِيٌّ فَخَرَجَ الذَّكَرُ وَالْخُنْثَى الْمُشْكِلُ وَالْوَثَنِيَّةُ لِجَوَازِ ذُكُورَتِهِ (ج 3 ص4-3 أيج أيم سعيد)

وكذا في فتاوى حقانية ج 4 ص 328

[6] وفي تبيين الحقائق

فَإِذَا ظَهَرَ أَنَّهُ خِلَافُ مَا زُوِّجَ بِهِ تَبَيَّنَ أَنَّ الْعَقْدَ كَانَ صَحِيحًا، وَإِلَّا فَبَاطِلٌ لِعَدَمِ مُصَادَفَةِ الْمَحِلِّ

وَكَذَا إذَا زُوِّجَ الْخُنْثَى مِنْ خُنْثَى آخَرَ لَا يُحْكَمُ بِصِحَّةِ النِّكَاحِ حَتَّى يَظْهَرَ أَنَّ أَحَدَهُمَا ذَكَرٌ، وَالْآخَرَ أُنْثَى، وَإِنْ ظَهَرَ أَنَّهُمَا ذَكَرَانِ أَوْ أُنْثَيَانِ بَطَلَ النِّكَاحُ، وَلَا يَتَوَارَثَانِ إذَا مَاتَ قَبْلَ التَّبَيُّنِ لِأَنَّ الْإِرْثَ لَا يَجْرِي إلَّا بَعْدَ الْحُكْمِ بِصِحَّةِ النِّكَاحِ. (ج 6 ص 218 مكتبة إمدادية)

وفي التبيين

(فَرْعٌ) قَالَ شَمْسُ الْأَئِمَّةِ السَّرَخْسِيُّ فِي شَرْحِ الْكَافِي وَالْخُنْثَى إذَا كَانَ يَبُولُ مِنْ مَبَالِ الرِّجَالِ فَهُوَ رَجُلٌ يَجُوزُ لَهُ أَنْ يَتَزَوَّجَ امْرَأَةً فَإِنْ لَمْ يَصِلْ إلَيْهَا أُجِّلَ كَمَا يُؤَجَّلُ الْعِنِّينُ لِأَنَّ رَجَاءَ الْوُصُولِ يَتَحَقَّقُ، وَإِنْ كَانَ يَبُولُ مِنْ مَبَالِ النِّسَاءِ فَهِيَ امْرَأَةٌ فَإِذَا تَزَوَّجَتْ رَجُلًا لَمْ يُعْلَمْ بِحَالِهَا ثُمَّ عُلِمَ بَعْدَ ذَلِكَ فَلَا خِيَارَ لِلزَّوْجِ لِأَنَّ الطَّلَاقَ فِي يَدِهِ، وَهُوَ نَظِيرُ الرَّتْقَاءِ، وَقَالَ شَمْسُ الْأَئِمَّةِ الْبَيْهَقِيُّ فِي الشَّامِلِ زُوِّجَ خُنْثَى مِنْ خُنْثَى، وَهُمَا مُشْكِلَانِ عَلَى أَنَّ أَحَدَهُمَا رَجُلٌ، وَالْآخَرَ امْرَأَةٌ وَجَبَ الْوَقْفُ فِي النِّكَاحِ حَتَّى يُتَبَيَّنَ فَإِنْ مَاتَا قَبْلَ التَّبَيُّنِ لَمْ يَتَوَارَثَا، (ج 3 ص 23 مكتبة إمدادية)

وفي البحر الرائق

فَإِنْ زَوَّجَهُ الْأَبُ امْرَأَةً وَبَلَغَ وَظَهَرَ عَلَامَاتُ الرِّجَالِ وَنَحْوُهُ حُكِمَ بِجَوَازِ النِّكَاحِ إلَّا أَنَّهُ إذَا لَمْ يَصِلْ إلَيْهَا فَإِنَّهُ يُؤَجَّلُ سَنَةً كَمَا يُؤَجَّلُ غَيْرُهُ إذَا لَمْ يَصِلْ إلَى امْرَأَتِهِ وَلَوْ أَنَّ هَذَا الْخُنْثَى الْمُشْكِلَ تَزَوَّجَ خُنْثَى مِثْلَهُ فَالنِّكَاحُ يَكُونُ مَوْقُوفًا إلَى أَنْ يَسْتَبِينَ حَالُهُمَا فَإِنْ تَبَيَّنَ حَالُهُمَا فَالنِّكَاحُ جَائِزٌ وَإِنْ مَاتَ أَحَدُهُمَا أَوْ مَاتَا قَبْلَ أَنْ يَزُولَ الْإِشْكَالُ لَمْ يَتَوَارَثَا وَإِنْ مَاتَا وَتَرَكَا أَحَدَ الْأَبَوَيْنِ فَأَقَامَ كُلُّ وَاحِدٍ مِنْ وَرَثَتِهِمَا الْبَيِّنَةَ أَنَّهُ هُوَ الزَّوْجُ وَأَنَّ الْآخَرَ هُوَ الزَّوْجَةُ لَا يَقْضِي بِشَيْءٍ مِنْ ذَلِكَ، وَلَوْ أَنَّ رَجُلًا قَبَّلَ هَذَا الْخُنْثَى بِشَهْوَةٍ لَيْسَ لِهَذَا الرَّجُلِ أَنْ يَتَزَوَّجَ بِمَحَارِمِهِ حَتَّى يَتَبَيَّنَ أَمْرَهُ.

وفي الفتاوى الهندية

نَوْعٌ آخَرُ في مَسَائِلِ النِّكَاحِ لو زَوَّجَ الْأَبُ هذا الْخُنْثَى امْرَأَةً قبل بُلُوغِهِ أو زَوَّجَهُ من رَجُلٍ قبل بُلُوغِهِ فَالنِّكَاحُ مَوْقُوفٌ لَا يُنَفِّذُهُ وَلَا يُبْطِلُهُ وَلَا يَتَوَارَثَانِ حتى يَسْتَبِينَ أَمْرُ الْخُنْثَى فَإِنْ زَوَّجَهُ الْأَبُ امْرَأَةً وَبَلَغَ وَظَهَرَ عَلَامَاتُ الرِّجَالِ وَحَكَمَ بِجَوَازِ النِّكَاحِ إلَّا أَنَّهُ لم يَصِلْ إلَيْهَا فإنه يُؤَجَّلُ سَنَةً كما يُؤَجَّلُ غَيْرُهُ مِمَّنْ لَا يَصِلُ إلَى  امْرَأَتِهِ قُلْت أَرَأَيْت هذا الْخُنْثَى الْمُشْكِلُ الْمُرَاهِقُ وَخُنْثَى مِثْلُهُ مُشْكِلٌ تَزَوَّجَ أَحَدُهُمَا صَاحِبَهُ على أَنَّ أَحَدَهُمَا رَجُلٌ وَالْآخَرَ امْرَأَةٌ قال إذَا عُلِمَ أَنَّ كُلَّ وَاحِدٍ مِنْهُمَا مُشْكِلٌ فإن النِّكَاحَ يَكُونُ مَوْقُوفًا إلَى أَنْ يَتَبَيَّنَ حَالُهُمَا لِجَوَازِ أَنَّهُمَا ذَكَرَانِ فَيَكُونُ هذا ذَكَرًا تَزَوَّجَ بِذَكَرٍ فَيَكُونُ النِّكَاحُ بَاطِلًا وَكَذَلِكَ يَجُوزُ أَنْ يَكُونَا أُنْثَيَيْنِ فَيَكُونُ النِّكَاحُ بَاطِلًا لِأَنَّهُ امْرَأَةٌ تَزَوَّجَ امْرَأَةً وَيَجُوزُ أَنْ يَكُونَ أَحَدُهُمَا ذَكَرًا وَالْآخَرُ أُنْثَى فَيَكُونُ النِّكَاحُ جَائِزًا فإذا كَانَا مُشْكِلَيْنِ لَا يُدْرَى حَالُهُمَا يَكُونُ النِّكَاحُ مَوْقُوفًا إلَى أَنْ يَسْتَبِينَ حَالُهُمَا وَإِنْ مَاتَ أَحَدُهُمَا أو مَاتَا قبل أَنْ يَزُولَ الْإِشْكَالُ لم يَتَوَارَثَا لِأَنَّهُ قبل التَّبَيُّنِ النِّكَاحُ مَوْقُوفٌ وَالنِّكَاحُ الْمَوْقُوفُ لَا يُسْتَفَادُ الْإِرْثُ بِهِ كَذَا في الذَّخِيرَةِ (ج 6 ص 439 مكتبة رشيدية)

[7]وفي صحيح مسلم

عَنْ أَبِي هُرَيْرَةَ: أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «مَنْ حَمَلَ عَلَيْنَا السِّلَاحَ فَلَيْسَ مِنَّا، وَمَنْ غَشَّنَا فَلَيْسَ مِنَّا» (رقم الحديث 101)

[8]وفي اللباب

(ورد ثمنها إلى بيت المال، وإذا مات أبوه وخلف ابنا وخنثى فالمال بينهما عند أبي حنيفة على ثلاثة أسهم: للابن سهمان، وللخنثى سهم، وهو) في هذا المثال المذكور (أنثى عنده في الميراث) ، لأن ذلك ثابت بيقين، والزيادة مشكوك فيها؛ فلا يحكم بالشك (إلا أن يتبين غير ذلك فيتبع) والأصل عنده أن له أسوأ الحالين من الذكورة والأنوثة، ويتصور في ذلك أربع صور؛ الأولى: أن يكون إرثه في حال الأنوثة أقل، فينزل أنثى كما في مسألة

المتن  . والثانية: أن يكون في حال الذكورة أقل كزوج وأم وخنثى شقيق أو لأب فينزل  ذكراً. والثالثة: أن يكون محرماً في حال الأنوثة كشقيقتين وخنثى لأب فيحرم. والرابعة: أن يكون محروماً في حال الذكورة كزوج وشقيقة وخنثى لأب فيحرم أيضا

قال في التصحيح: قال الإسبيجاني: وهذا قول أبي حنيفة ومحمد، واعتمده المحبوبي والنسفي وصدر الشريعة. اهـ (ص 391-389 دار قباء)