Does zina with sister-in-law invalidate nikah with wife?

Question:

A man committed adultery with his sister-in-law. Is his nikah with his wife cancelled?

¸

Answer:

First and foremost it should be known that this man and woman have committed a grave sin and should repent as soon as possible with the firm intention of never repeating this sin again.

As far as the question of the wife is concerned, she is not haram for this man.

In Durr al-Mukhtar Ghayatul Awtar v.2 p.17, it is stated:

“Adultery with wife’s sister does not make wife haram.”

However, there is an issue which has to be addressed. This is related to whether he can have physical relations with his wife right after committing adultery with sister-in-law or not. There is a difference of opinion among the imams.

Here we will see what is mentioned in Fatawa Uthmani v.2, p.253 (footnote):

“There are 2 verdicts on this issue from Imam Ahmed ibn Hanbal:

1) In the case of adultery with sister-in-law, it is wajib to stay away from the wife till the sister-in-law’s three menstrual cycles. This means that ‘iddah in this case for zina is the same as that of nikah.

2) It is wajib to stay away from the wife till the sister-in-law undergoes one menstrual cycle.

3) Hanbali fuqaha have stated a third position as a presumption which is an indication for its weakness. That position is that in such a situation nothing is wajib. Some fuqaha of the hanbali madhhab have not even mentioned this ruling.
(Al-Mughni v.9, p.479-480)

For Imam Shaf’I (ra) abstaining from sexual contact till sister-in-law passes one menstrual cycle is mustahab (Mughni al Muhtaj v.3 p.180)

As far as the hanafi opinion on this matter is concerned, there are two views. One opinion is quoted in Shami v.6 p.380 which is that the purification period is mustahab. However, another view is quoted in Durayah an al-Kamil that the purification period is wajib. This matter is also mentioned in al-Natf fi al-Fatawa, Kitab al-Nikah p.189.”

There is an opinion among the hanbali stating it is wajib to stay away from the wife for one menstrual cycle and this coincides with one of the opinions of the hanafis. Thus as a precaution one should adhere to this opinion.

Hence Mufti Shafi’ Uthmani, in Imdad al-Mufti’een p.462-463 concludes:

“These traditions show that the wife is not haram for the man who committed zina with his sister-in-law but it is wajib for him to stay away from his wife till the sister-in-law has one menstrual cycle.”

As a precaution it is best to stay away from any sexual contact with the wife till sister-in-law undergoes one menstrual cycle.

And Allah (swt) knows best.

How to Perform Salatut Tasbih

How to perform Salat ut-Tasbih (Prayer of Glorification of Allah)

Compiled by Ebrahim Saifuddin

This prayer consists of 4 rak’ah and should be performed everyday. If not, then at least every week on a Friday. If not, then at least once a month otherwise at least once a year or at least once in a lifetime.

Taraweeh – 20 Rakah or 8 Rakah?

Download PDF FORMAT

 

Taraweeh – 20 Rak’ah or 8 Rak’ah?

By Ebrahim Saifuddin

 

With the commencement of Ramadan, the time to argue over matters established by the pious predecessors has arrived once again. The topic of argument is whether taraweeh consists of 20 or 8 rak’ah. Scholars have written myriad of books on this topic with overwhelming evidence, yet our ghair muqallideen brothers and sisters try to insist that it is 8 rak’ah.

It is important to first understand what taraweeh is. This is the prayer which comprises of 20 rak’ah and is offered in sets of 2 rak’ah in Ramadan, after ‘isha salah and before witr. This salah is offered in congregation.

Maulana Jameel Ahmed Sakrodhwi, in “Ashraful Hidayah sharh Al-Hidayah” v.2 p.202, explains:

“Taraweeh is Sunnah Mu’akkadah for both men and women and this is the correct opinion. Imam Abu Hanifa is also of the opinion that taraweeh is Sunnah Mu’akkadah.”

What can I read in Witr if I do not know Qunoot?

What can I read in Witr if I do not know Qunoot?

By Ebrahim Saifuddin

Qunoot is to be recited in Witr but there are other du’a which a person can recite if he or she does not know Qunoot.

The following is Qunoot:

Are Videogames Permissible in Islam?

Are Videogames Permissible in Islam?

by Ebrahim Saifuddin

With new technologies came video game consoles like Microsoft Xbox, Sony Play Station and Nintendo Wii. When Sony PS3 was launched in Japan on November 11, 2006, 81,639 (Media Create) systems were sold within 24 hours. On August 3, 2009, a report quoting Sony’s earning figures stated Sony had sold 24 million units globally (AfterDawn) since the launch of the product.

Today, one can buy a PS3 80GB edition for about $400. Despite its price, many children as well as adults own either of the most famous video game consoles. Muslims now face a question whether the video games available to play on these consoles are halal or haram. As a Muslim, this question must be asked because we are to assess the permissibility of some thing before we can sell, purchase and utilize it.

Generally video games are without a doubt haram. There are many aspects to this issue which lead to it being forbidden.