Yasir Qadhi – What are the rights of a child from a premarital relationship Q&A

Yasir Qadhi
AI: Summary © The speakers discuss the use of the term " Buick and Bueller" in Islamic finance, as it relates to profitability. The current transaction is run by experts who believe it is impossible to be executed, but there is a way to make it work. The concept of Musharaka is discussed, where multiple people are involved in a project, and the partnership is a risk-impacted concept where the goal is to achieve profit. The speakers also discuss the importance of avoiding books and sources, avoiding sexual harm to children, and avoiding "by sharing profits and loss." They also address the legal protections of marriage and the importance of avoiding "by sharing profits and loss."
AI: Transcript ©
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Well I

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don't need how

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many Mina mostly me.

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I said I want to come to LA here barakato All praise is due to Allah subhana wa Tala, the one and the unique. It is He alone that we worship, and it is His blessings that we seek. He is the Lord of the oppressed. And he answers the call of the week. So today we're going to shall continue our Tuesday q&a session. And we'll begin immediately we have two very juicy and very interesting and shallow questions. The first question comes from Abu Dhabi, our brother Farah asset, he says that he's been looking into Islamic finance. And he says that can I explain in simple terms he has this point underlying Can I explain in simple terms, the concepts of murabaha and Musharaka and Modaraba?

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And also, can I recommend some books on modern Islamic finance in the English language? So these are simple questions, or shallow to other. So let us begin. Now, as I've said multiple times that I have never claimed nor do I view myself as a specialist in Islamic modern Islamic economics, I'm just a minor student of knowledge when it comes to the field of modern finance. And I always whenever I talk about finance, I give you the opinions and positions of room up for greater authorities in this in this field in the contemporary issues of finance. However, this question is an easy one, because it deals with the classical definitions. Apparently, our brother wants to know how to how do we

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understand these terms, so that when we open up the books of Falkor, the modern Islamic finance texts, that these terms can then be understandable. So Inshallah, what I'm going to do is present these concepts as very simple language with illustrations that inshallah will be useful for the beginning student of knowledge. And of course, as I've said, again, multiple times that modern Islamic economics and the Fatah was related to it is a very, very interesting enterprise of how classical physics connects with modern physics, and why and how it is necessary for some areas, not all, but for some areas that we rethink through because our modern economic system is so radically

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different from the way that bartering occurred 1000 years ago, that you cannot open up any book of early Islamic law for the first 300 For the first 1300 years, and then expect to understand our modern day transactions, you have to extrapolate you have to rethink through. And so these terms Mudaraba and Musharaka, and murabaha. These are terms that are found in early Islamic law, that are now being used quite a lot when it comes to the issue of modern finance.

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And because of this, it is important that we understand the classical issue. So let us begin with the first term murabaha murabaha from the root rubber, which means to profit, which means to make a profit River in the Arabic language means your profit. So if I purchase this water for $10, and I sell it for $15, my ribbit, my profit is $5. So murabaha is the active engagement of making a profit and what murabaha entails is an offer to buy merchandise at a set amount of profit, you make an offer to purchase a person's merchandise and you state in the offer that I'm going to give you such and such a profit however you might your cost was however much you spent on the initial investment I

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will give you such and such a profit a very simple example suppose I have come back from a faraway land and I have imported this product okay, I say this is a product that I have purchased from a faraway land and I've come back to my home country and I purchased it once again let's say for $10 Okay, now generally speaking, if you walk into a store and I have this item on display, you will not know the cost, I'm going to advertise it for $15 Let's say and it's up to you to buy or to not buy the difference in murabaha is that you know the cost of the item and you then add on to it you tack on to the buyer not the seller, the buyer tax on the profit and says I will give you a profit of 10%

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or of $10 for every bottle whatever it might be, you tack on the profit and you make an offer to buy based upon a specific profit amount and this transaction so for example, I come and tell you I purchased this bottle of water from mashallah, this from France this one okay. This bottle of water for let's just say $10 Okay, and I come back to America and you

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Walk into my house or my merchandise store, whatever. And you know and I have said that this bottle is $10 And you say, Okay, I will buy all of your water bottles that you purchase for $10 I will buy it and give you a profit of $2 each. So you will you will be getting $12 for every 10 or $3. Or I'll pay double doesn't matter how much profit you put on. This is called murabaha. So murabaha is an offer to purchase merchandise with a known amount or percentage of profit you can do either amount of percentage amount means I'll give you $2 For every bottle more or percentage I'll give you 20% For every bottle more this type of transaction is permitted by unanimous consensus of all the

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scholars of Islam, there is no problem whatsoever because this is what would be the problem. You everybody makes a profit. You know when when you sell something that's the everybody desires to make a profit. And if you yourself offer the profit amount you yourself say I'm going to purchase this for you know $2 profit or 20% profit. Why would that make it haram? Even Kodama in his Mullaney says that this type of transaction murabaha This is John is permissible, and there is no controversy over its impermissibility. In fact, he says, I don't know if anybody who even said it is disliked who even said it is mcru. And so this is a completely permissible purchase. Now, obviously, the concept

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of Moraga has nothing to do with riba because you're not taking a loan in the first place. I am selling you merchandise, and you come and I own the merchandise and you come and you make an offer to purchase the merchandise. Now riba would be I give you the money, and then you pay back more money. That's a totally different concept. And of course, there is no similarity between a real murabaha loan and between an interest sorry, and Robert transaction and between an interest based loan. Now you can also purchase in installments by unanimous consensus, there's no problem. If I were to say, Hey, I'm selling this bottle for $15 and I purchased it for 10. You say okay, I don't

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have 15. But can I pay $5 Every month, so you will pay 555? No problem. This is completely permissible. And if you offer me the the payment in installments, and you offer me the profit, that too is completely permissible. So this is a bottle for $10 You know, it's $10 You walk into my store, we're friends, we're acquaintances, or however reason you know it's $10 and you say, Okay, I'm going to purchase this bottle for 15 and I'll pay you in installments $5 Every month, this is the essence of murabaha there is no problem whatsoever. So this is Moraga. Now, why is murabaha interesting in Islamic finance and modern Islamic finance and in purchasing houses and cars and

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whatnot? Well, because now we get to the whole issue of the gray area. Today's lecture is not about modern Islamic finance, I'm just going to link a little bit so you understand I have given a much longer conversation with Dr. Hatem al Hajj, you can find this on our YouTube channel, just Google it myself in his name, and is modern Islamic financial transactions have also spoken to Dr. Akram nadwi, about modern Islamic finance and these so called mortgage loans and whatnot. So you can listen to those lectures for more information. Nonetheless, a brief a brief introduction to this that why is murabaha mentioned when it comes to Islamic finance and houses and that is because that

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some banks, they offer a type of transaction that is a modified murabaha it's not the classical model, but they add some conditions and this is where the gray area comes. Now the modern Islamic financial transactions that banks do, they try to make it obviously more user friendly and they try to make it more pertinent to the culture that we live in. And sometimes the conditions that they add are considered problematic. For example, some scholars very small group of scholars will problematize the fact that you go to somebody and you tell them to purchase when they had no desire to purchase this is the first issue so suppose I don't have this bottle of water but I can afford

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it. I am the person who has $10 You don't have $10 but you want this bottle of water. What if you were to come to me and you were to say to me hey, can you go to purchase this water and I will pay you more on behalf loan. I'll give you a profit of 10 20% I promise you I'll give you the profit and I'll pay it in installments. Right? And so the bank will go purchase the house or the car the bank had no desire to purchase the house or car it will purchase the house your car for let's say 100,000 And it'll then you have said I promise you I'm going to make a 15% you know profit for your house or purchase so then you sell it 115,000 And you sell it in installments every month is going to pay

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2000 until the entire house is paid off.

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This is called that this this transaction is called by El Morro Bay and murabaha MIDI be Shira bear Almora, Bahati, Lil MIDI Beshara, the concept of murabaha. But now somebody is commanding you to buy the merchandise and you didn't have the intention to buy it. Now this is, again, here's we're adding, we're making a classical concept try to fit to our understandings of how the modern world works. And in and of itself, there's nothing wrong with that. But again, the issue comes to what level can you add conditions, the vast majority of modern Islamic finance experts have said that this, this type of transaction is permissible with some conditions. And of those conditions is that

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the banker, the middleman or the rich person actually owns the merchandise and acquires the merchandise and puts it in his name, and then sells it onto you. So it's not just going to be a paper transaction that this bottle of water remains where it is, and the ownership is transferred from the first owner to the third person. And the middleman is simply just giving the money and taking the money and whatnot, because then it becomes very fishy. However, if the middleman even if he's told to buy it, if he says, Okay, now it's my water water bottle, you know what, I have the right to change my mind, even if you told me to buy it? Well, that's your request. Now that I own

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it, suppose I want to sell it to somebody else, I have that right. Or I can sell it to you based upon our verbal agreement. All of this is something that makes certain problematic areas less problematic, ie the fact that you own the property or you own the water bottle in the middle, and then you then have a second transaction to sell, it makes it much easier than if there was simply just a paper transfer from the first to the last. Also, of course, one of the biggest issues is that there should be no penalties on late repayment. And that is something that, of course, we don't believe in late penalty. So again, you can look up the different photographers and different

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conditions that are put, but this is what murabaha is, and conceptually speaking, pretty much all of the fifth counsels of the modern world, and all of the modern Islamic finance experts have said, if the person goes to a middleman and asks him to purchase with the verbal agreement, or even the written agreement that I'm going to purchase based upon a profit as long as the middleman party actually acquires, and then there is no haram conditions and clauses, and then they give the merchandise at the agreed profit in installments, that would be a permissible transaction will allow you to have the item of course, in reality, banks add so many conditions and clauses to such

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murabaha loans. And this is where Islamic banks, this is where the problem comes. So we're not going to go over there. As I said, As for Musharaka moussaka is a very broad concept. And it basically means a partnership of financial partnership. So just like the word should a partner with Allah Shetty is a partner, right? So Moshe Raka, is a business partner from the same concept of shoot, which is a creator, creating a partner for Allah subhanho wa taala. So the concept of shooting is to have any partner shot aka Sheikh Sheikh means your partner. So Mushara is a financial partnership where two or more people come together, and they all invest in a project. And they then share the

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profit and the loss of the project. And again, no problem whatsoever. This is how the world works since the beginning of time, and it will continue to work, you want to, let's say, make a building and sell it for a profit, but you can't afford to make a building on your own, you can't afford a buy the land, you come together with 10 of your friends. And you say, Okay, let's all put together 50,000. And then we have 500,000, we will purchase this plot 450 200 We're going to you know, build a house for you know, 300 something dollars, then we'll sell it for six $700,000. So the we pulled together, we got $500,000, we made the project, we did it, now we're going to sell the house, and

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then we're going to make a profit off of it. This is called Moshe Raka. And it's very straightforward. Conceptually speaking, obviously, you can have infinite types of partnerships, what percentages how many people to what percent each person is required to invest? What are the rights and privileges of every single partner because you don't have to share the exact same rights and privileges? What are the percentage profits and can you get more profit than your initial investment? So for example, if somebody invested 30% and other person invested 70%, must the profit and loss be shared at 30 and 70? Or can they renegotiate because one of the partners is more

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involved with the project than the other? These are all you know, questions that our fuqaha have discussed. But the concept of Musharaka is something that there should be no controversy over and there is no controversy theoretically the concept of Musharaka ie multiple people coming together and forming a business venture should or partnering or should say on a business venture share

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This is called Musharaka. And it becomes problematic once again, when you start adding many conditions. And the person who's basically the in this case, the financial institution, the bank is adding so many conditions that essentially they're almost guaranteed or perhaps they are absolutely guaranteed to never make a loss in which case there is no question that anytime you have a business partnership in which there is the potential for loss for one side, and not the potential for loss for the other, there is no question that that entire enterprise is extremely shaky, if not outright forbidden. Because there is a principle in Islamic law alone mobile homie that when there is a

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chance for having a profit, there must also be a chance for having a loss, there cannot be guaranteed profit for any of the investors or else you are your work, you are walking into a land field of interest, that point of interest. The reason why Riba is haram is because the rich are guaranteed to get richer, and the Sharia does not allow that to happen. When people come together for a partnership, the goal and desire is for profit, but there should be a risk of loss. And that risk of loss, here's the key points must be shared, not necessarily equally, the one who invest 10% is not going to be like the one who invest 90%. But even the 10% person, there must be the

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percentage of loss, it could be 10%, it could be less or more depending on the agreement. But the problem comes again, when the third party in this case, the Islamic banks or whatnot, they add so many conditions that sometimes it becomes basically a guarantee almost so how does it work? Again, I'm being very simplistic here. Again, this is not a lecture on modern Islamic finance, but our brother wanted the basics, the summary that much inshallah we can do in this lecture. So how do Islamic banks function on the moussaka model, so the bank and the buyer of the house will enter into a modified Musharaka where they will both purchase the house 5% is owned by the person 95% by the

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bank, because the person gave only 5000, the bank gave 95,000, let's say houses 100,000. So the bank owns 95%, and the person owns 5%. Okay, technically, that's allowed no problem. But then the bank puts the condition that you must purchase my 95% Share, okay, that too is not a problem, you can have that condition, but then the bank puts another condition, but in the meantime, I own 95%. So you need to pay me rent on that. And so what ends up happening and again, this is so you have a diminished moussaka, or Muthana officer and winter here but Tim Leake, you have a diminishing partnership over time, that end result is that you continue to increase your percentage ownership

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and eventually the bank becomes 0% owner and you become one 100% owner. This is called diminished partnership that ends in complete ownership of the house. This is one of the most common mechanisms of the modern Islamic banks when it comes to Islamic financing. And again, some scholars allow it some scholars don't allow it and again, why and what not is besides besides the point of this, however, theoretically Wireshark is a very simple contract, and there should be no problem. The problem comes when you keep on putting conditions such that one of the parties in this case, the Islamic Bank is pretty much guaranteed in some cases to make a profit. And anytime the bank is

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guaranteed to make a profit and you are not guaranteed to make a profit you can become a loss or whatnot. This is really pretty much open shut case that in such scenarios, the bank is basically co opting a mechanism of riba you need to be careful for that. But again, I'm not speaking about every single contract. There are some mashallah contracts with Islamic banks that there is much more leeway, and they're much better and they have conditions that are reasonable. So again, this is not a topic on the modern finance. If you wanted to know more shahada, I told you what is Musharaka. And the third term you asked about your brother Eros is Mudaraba Mudaraba.

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And in fact, Mudaraba is a type of partnership is a type of moussaka and it's actually very, very simple to understand. Modaraba is a michelada in which one of the partners has the money and the others has the skill set Simple as that. So rather than every partner coming with money, which is basically the common wash out a cup, if one partner has money, and the other partner has a skill set, and the two come together to form a a cooperation, a business venture, and they agreed to share in the profits and in the loss agree to the percentages. It doesn't have to be 5050 it could be 9010 7030 6040. However, they want to decide it's a mutually agreed upon partnership. So for

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example, suppose that a person is a handyman he's a carpenter, and he wants to open a shop to do his carpentry but he doesn't have the money for a shop. So a rich investor comes and says, You know what, I like you. You're a nice guy. You're an honest guy, and I like your quality.

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You have work I will finance the shop, you will do the manual labor and the money that is generated we split it you know 5050 6040 7030 9010 Whatever they agree to, this is Modaraba suppose somebody has mashallah cooking skills chef and nice chef and an investor says you know what? Your Your skills are so good. You should open a restaurant and the person says, I don't have money for a restaurant, no worries, I will give you the restaurant I'm going to finance it. I'm going to do everything you are going to be the the chef and whatnot. And then you bring in your sweat and labor. I'll bring in the finances and then this is the contract you must have the contract you agree percentages, who was

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going to do what all of this must be agreed upon before you enter into Mr. Bata. But in fact, again, by unanimous consensus, no problems there is no again Mushara can well the all of these are conceptually no problem. How you interpret them in the modern world by adding all of these conditions where is where it becomes a gray area. You know, our Prophet Muhammad sallallahu alayhi wa sallam was involved in a Modaraba contract, you're all aware of it. He was before he got married, what did he do? Khedira digital, the Allahu anha. She approached the Prophet sallallahu Sallam and she said, I'm looking for a business partner. I'm looking for somebody who's going to take my

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caravan to be like the sham and manage and barter and negotiate and make a profit. And that person some some reports, say keep a third and I'll take two thirds, okay, so this is Madonna. But this is exactly what Mudaraba is. Our Prophet sallallahu alayhi wa sallam, and Hadiya Khadija has the wealth. Our Prophet system has the honesty and the skill set and bartering and negotiating. So Hadiya gave the wealth to the Prophet system, the prophecies and went to without the sham, and he bartered, negotiating, he came back with a massive amount of profit, he gave the percentage to her deja, he took the percentage guaranteed to him and Hadith I was so impressed at his honesty, and his

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bashfulness and whatnot. The rest as they say, is history and the concept of Mudaraba. Again, there is no difference of opinion by Juma it is allowed, as long as one side gives a known amount, the other side does the specified job. And the profits are split according to an agreed upon percentage between them, you cannot split profits by a number in this case, Mudaraba. You cannot say $100. Because you do not know if you say $100, you're paying him a wage. If you say $100 a day, that's a salary that's not well thought of it that oh, that's a different type of contract. Modaraba is you're sharing the profit and loss. And you're sharing based upon percentages, and each party comes

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to the table, one with the money and the other with the skills. And again, when I say one doesn't have to be one, it can be 10 people, five of them with money and five of them with skill sets. The point is that metadata is that type of contract where not everybody is bringing money, and there must be unknown percentage unknown amount of work everything, there cannot be any unreasonable unknown. However, once again,

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what happens once again, is that in our times, sometimes conditions are placed that basically make it an interest loan. So for example, the bank says to the chef, that, okay, if you make a profit, we're gonna get, you know, 70% of the profit. However, if you make a loss, then you must pay us back, we invested 100,000, you must pay us back 100,000. For example, just giving a hypothetical example, if the bank puts this condition, it is not well thought of it is an interest loan, because you cannot place a condition that you're guaranteed to get your money back. The point is, and this is the whole difference of the philosophy between Islamic finance and between the modern financial

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world Islamic finance, because there is a chance of loss, you are going to raise the bar of critical thinking and of making sure you're getting it with the right person, you're going to do your research and due diligence. If you have the money, and you are looking for somebody to make some profit, you're going to make sure you find the right person, the honest person, and then you will face the consequences if you made a mistake. However, banks, they don't care they want, they don't care if you have bad credit, no credit, they maybe even want you to fail, because they're going to confiscate they're gonna, you're gonna go on the street, they're guaranteed their money. And by the

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way, you know, the whole 2008 crash and complex that the whole industry that crashed here in America is because of this issue, that the banks knew that they're giving loans to people who could not pay them back and they didn't care because from their perspective, they're gonna get rich off of that. And you know, the system is a massive Ponzi scheme. I don't want to go there. Let's stop there right now, point being that you cannot, you know, play with economics in this fashion without getting blowback. And that's what happened in 2008. In the Islamic Sharia, you do not enter into such a such types of transactions where there is a guaranteed profit. On the contrary, there must be a genuine

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risk. And so if you invest 100,000, in a good, you know, qualified carpenter or a chef or whatever, and for whatever reason, his carpentry doesn't sell

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You know what the both of you are going to have a loss, he's going to lose all of his time and effort, you're going to lose your money or a portion of your money. That's the loss that happens. That's the whole point here. And that's why such a transaction becomes halal. Anytime you eliminate the risk and eliminate the chance of loss to one party and not to the other, then you are walking in to the room of riba of interest. And that is not something that our Shetty allows. So to conclude here, and as I said, By the way, you can use this as a litmus test. Anytime you have a partnership, a group of people in which the more powerful and the one that's basically the the elephant in the

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room that say they're the 800 pound gorilla, as they say, right? Anytime you have a partnership in which one person typically the most powerful one is guaranteeing that they're never going to make a loss, and others have a chance of making a loss, then take this as a litmus test that what you're looking at is not a business partnership, it is in fact a mechanism a healer to overcome something that is haram and to try to make the Haram halal. And that is a type of Riba, there must be a genuine, a genuine Risk of Loss upon all parties not all the same. For example, if somebody invested 90%, and the other person invested 5%, the loss is going to be different, the five person is going

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to lose less, but there must be the chance of loss. So Modaraba is the business transaction in which one person brings skill set and the other person or the other partners bring the money? To conclude this first question, what we see about modern Islamic finance is that they take these models that are found in our rich heritage. And they understand that these models, they need to be modified conditions needed to be added, you know, the context needs to be refined, and they then present them to the end user. And in this process of refining and adding conditions, which overall is what filter is all about contextualization. And looking at your circumstance, some of our scholars allow some

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things other scholars do not allow them. And this is where the gray area becomes. And so you can find out more about that by, you know, listening to lectures on modern Islamic finance, and you go to the experts for that. Their brother also asked for a book list, I will recommend three books and I don't it doesn't mean I'm endorsing every single paragraph of these books, but you wanted a book list of where to begin. So I'll give you the first book by one of the most authoritative references on modern Islamic finance. I have skimmed through this book and benefited immensely from it. It is called an introduction to Islamic finance by Mufti Turkey Earth money, an introduction to Islamic

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finance by Mufti taxpayer with money, multi-tap the earth money is one of the world renowned specialists in Islamic finance. He is from Pakistan. And his father was the grand mufti of Pakistan as well. And so and this book has been translated to English and you will find it on Amazon. So this is definitely a book that I encourage you to read if you're interested in modern Islamic finance, another one actually written by a non Muslim, but I found it to be very simple and very user friendly, and it's something that non specialists will benefit from and he simply gathering together the simple facts, it is called Islamic finance in a nutshell, a guide for non specialists Islamic

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finance in a nutshell, a guide for non specialists by Brian kettle, que te te l Brian ketto, Islamic finance in a nutshell, a guide for non specialists, if you want something a little bit more in depth and a little bit more specialist, then one book that I can recommend overall and again, doesn't mean I agree with everything and who am I to disagree, I'm simply saying this is one of the authoritative references. It is an edited volume by thought IK and deewani edited. So he has a whole bunch of different articles in different chapters from different authors. And it is called Islamic banking and finance. And this is more of a in depth work. So this is not something I'd recommend for the

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first user initial user rather, if you've read some basic books or you have a background in finance and you know classical or basically mainstream finance, then you go to the more advanced book and this is one of them Islamic banking and finance by thought of as deewani now again, there are many many books out there I don't mean to discourage you from other books, but you asked me my opinion and these are books that I have some experiences especially the first one mostly adult these is a standard introduction to the topic and ALLAH SubhanA wa Tada knows best.

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Our second question,

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an anonymous sister while she asks to remain anonymous, as you'll see why she has a very lengthy question which I'll summarize. Apparently, she says that she got married to a man and after she got married, she discovered that the man had an illness

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too timid child from a lady

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from before their marriage, obviously he was not married to that lady. And he the father or her husband still has a relationship with this child, he brings the child over every once in a while. And she was not informed of this child before the marriage. And now she feels uncomfortable, especially because the two of them have children. And they have daughters, and she doesn't know is this boy considered a Muharram. To her biological daughters, meaning this child is not from marriage, this child was from a relationship that was pre pre the marriage, premarital *, basically, before they got married as well. And she's also asking, Does does does that child have

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any financial Right? Or inheritance rights over my husband? Who is the father of my children? Should this boy be considered a part of my family or not?

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Now, no doubt, I'm basing my answers on what you said. So I don't know his side of the story. If what you have said is true, no doubt, for you to not have been told is not something that is good. This is not information that he should have kept hidden from you. Because of course, while the marriage is valid, obviously, it is not healthy, to keep such secrets, because you are the life partner of this person, he has a child that is his. And also the fact that he was in an illegitimate relationship is something that you have the right to be affected by, let me put it that way. Right. And so it's not something that what he did was not right by not telling you. And you should have

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been made aware of the circumstances of this person and this child and then make an informed decision. However, the fact that you were not told her not to wear does not negate the validity of the marriage contract between you and your husband. So your marriage contract is valid, because whatever sin the man or the woman has done before the marriage does not have meaning sin of a

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sexual nature, it does not invalidate the marriage itself. And so the previous sins of a spouse with a third party or a child being born does not nullify the Nikka that is taking place. But no doubt what the person has done is not something that is praiseworthy, and you have the right to feel irritated, and you have the right to express that irritation. And you know, to that he should make amends for whatever way possible. However, to move on to the more technical issue. This was the moral if you like outrage or not, now we get to the technical issue. This issue is multifaceted. And I'm going to give you generic rules. I do encourage you or your husband to go to a chef and a local

00:32:48 --> 00:33:29

chef and explain your situation so that the chef can quiz you and get more details. Again, that's something that pretty much all the time if there's a specific fatwa go to a specific Scholar so that any type of exclusion any type of exceptional circumstances can be taken care of. I can't do that in a generic q&a, but I will give you Jen generic knowledge about this issue of illegitimate children because it is something that is something that people need to know about. We seek Allah's refuge and protection for ever having to deal with it ourselves. Do realize by the way that this issue of unwed Children are children born out of sorry, mature children born out of unwed marriages. This is one of

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the greatest dangers of * outside of marriage. As it brings about children, it results in children who don't have stable families. And this is one of the main reasons not the only one not not the, you know, not the primary but one of the primary reasons why our religion has legislated sexuality and that why it encourages sexuality only within marriage and it forbids sexuality outside of marriage. We also need to know that the child of an unwed couple is absolutely blameless in all circumstances, and that never should such a child carry any blame or be made to feel guilty for what the parents have done. It is true that some books of Islamic fix some books of law, some of them

00:34:19 --> 00:34:59

they do say that the child born of such a marriage should not be the imam or should not be a person a person of power or dignity, but that is their cultural understanding of certain generic aspects of the Sharia. In reality, the Quran is explicit, while 10 00 tune with rock rock, that no soul shall bear the sin of another. Whatever the parents might have done, the child is sinless, and it is not the fault of the child. The circumstances of the birth of the child have nothing to do with the honor and dignity of that child and it is unbefitting and unbecoming an Islamic for anybody to diminish the

00:35:00 --> 00:35:43

In honor of that child for something that the parents might have done, so we need to be very explicit and clear about this, the child deserves nothing but love and comfort. And no one should make the child feel uncomfortable. Anybody who does this is doing something that is sinful for the person that is doing it, and the child is free of any sin of the parents. The next issue is that the child that is born outside of wedlock, technically, it does not take on the legal protections afforded by marriage. Now, again, we have to differentiate between the moral status and the dignified status of the child, which is unblemished, versus the technical perks that come from being

00:35:43 --> 00:36:22

born in a marriage situation, that's something separate, and a child that is born outside of the wedlock does not take on any legal protection of a marriage because there was no marriage. In fact, that's one of the purposes of marriage, married brings about legal protection between the partners and for children born from that partnership. In Islamic law. The child takes on the name of the Father, the stat the the the financial responsibilities that are the father, the child inherits from the Father, the Father is financially responsible for raising the child etc, etc. However, if the child is born outside of the wedlock, then the default position is that there are no such

00:36:22 --> 00:37:09

protections. And therefore the child will not take the name of the child of the Father, the child will not inherit from the Father. And we're going to come to this point again. But again, this is the default position that the financial responsibility will not be on somebody who is not considered to be the legal father of the child. This is the default position. Now, if the woman is married, and Xena occurs with another man, that's something totally else. In this case, the child shall take on the name of the married husband, and any external affair will be ignored and neglected by anybody outside of the marriage situation. No one else has the right to interfere in a marriage situation.

00:37:09 --> 00:37:51

Even if modern tests are done or what not, it means nothing to us, because our laws are not necessarily the same as biological laws. That's a separate issue our Sharia our field is not necessarily the same as biological DNA. So if there is a married couple, and once a year, they will always seek Allah's refuge. Zina occurred, and the married lady gave birth to a child. And DNA later showed that this child is actually the son of so and so. From an Islamic perspective, we will ignore that because our Prophet sallallahu alayhi wa sallam said, and while I do live here, OSH the child is ascribed to the marriage or the bed that it was born upon. And when they do, they will feel rush.

00:37:51 --> 00:38:29

This is the rule of Islamic law, there is only one exception, and that is when the Father Himself men, sorry, not the father, when the husband of this woman says no, this child is not mine. And the husband then undertakes a particular process called Leon and with Anna, we're not going to go down there, that's a technical thing between the husband and wife, the husband, and only the husband has the right to say, I know this child is not mine. And then there's a procedure to be done. An outsider cannot and should not get involved. It's none of their business. And if the couple has passed on modern DNA tests, bring about some other news and whatnot. This is all relegated to you

00:38:29 --> 00:39:13

know, the footnotes and it doesn't affect anything, technically the child shall remain according to the, the the marriage so and what to do. Lil Faraj, a married lady who has a child, that child is ascribed to the marriage and not to any type of affair, illicit affair that might have occurred. Even if DNA shows to the contrary, that means nothing, because we want to just cover up anything that would have happened and provide dignity and sanctity to the marriage itself. However, if the lady were single, not married, and the father and mother of the child both agree and claimed that this child is theirs. So this is now a couple of boyfriend girlfriend, premarital couples, whatever

00:39:13 --> 00:39:52

they they are together for a while, and there is not been she's not a lady that's sleeping with multiple men. So she's no doesn't No, no, she has been in an illicit relationship with one person and the two of them, then they have the child and then they claim both of them they say this is our child, we know it's our child. Now, if they decide to get married, if they decide to get married, can we backtrack the marriage the child is already born clearly before the kneecap? We're not talking about a gray area and you know within seven months or something less than nine months whether if it's six months after nougat no problem, but so the child and the child that is born

00:39:52 --> 00:39:59

after the Nikka even by six months, Inshallah, no problem we don't ask, however, what if the child is clearly born and then then it got

00:40:00 --> 00:40:41

takes place. And the couple says this is my child. So here we have a majority and a minority opinion, I hope this is a clear situation, both man and woman are unmarried, the both of them committed Zina with one another. And the both agree and claim that this child is mine. If there's disagreement or whatnot, then then the whole situation falls apart. And they both decide to get married. So now they have a legitimate Nikka. And a child from an illegitimate relationship between the same two, the majority position, which is the default of the format hips, is that the child shall be considered illegitimate, even if the marriage takes place, however, is however, raw here,

00:40:42 --> 00:41:23

and shareholder Islam Ibn Taymiyyah, and Ibaka him and many modern scholars, including my own teacher, show heaven Earth, I mean, they argued quite forcefully that in this case, with all of these conditions, we shall backtrack the marriage, and we shall overlook that the child was born before the Nikka. And we shall consider the child to be a legitimate child name and inheritance and everything will be established. And this is the position that I also follow. And it is, it is in line with the goals of the Sharia, where we want to cover up a sin, and we don't want to criminalize the child penalize the child want to cover up any sin and not make a big deal about it. And we want

00:41:23 --> 00:42:07

to protect the interests of the child, and to not, you know, have any backlash about the to have repented, clearly, and they're trying to make amends, they're trying to get married together, they do get married together, in this case, according to Ibn Taymiyyah, and Abraham and many, many modern scholars, that we extrapolate the guy if you like, and we simply claim the child to be a part of the the basically illegitimate child from this unit. And from this marriage, however, the sister's case, the one that emailed me, This man had a child, and did not ever marry the woman that he had the child with. So this does not apply to this case. So if he had married or even if he gets married, a

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legitimate Nikka, meaning not to fake one, a legitimate nigga, and the both of them, they know that this is their child, there were there were you know, together for that period of time. And they both acknowledge this, according to Ibn Taymiyyah, and many are odema. In this case, the child shall be considered illegitimate one, and we don't ask about their past. However, if there's no Nica, then there's nothing to extrapolate. So in your case, your husband did not engage in a kneecap with this lady. And so you cannot extrapolate back to this. So the child is going to be considered, basically, technically, legally, not his. However, what does this mean when it comes to financial

00:42:46 --> 00:42:47


00:42:50 --> 00:43:41

So because the default position is that the father, the biological father, is not the legal father, and there shall be no inheritance. So those scholars said, likewise, there shall be no maintenance, okay, when there is no technical or legal linkage between this child and between the man who sired him, even if it's a biological father, so they said, just like there's no inheritance, and just like the child does not have to, you know, obey the father and whatnot. So to the father does not have to give financial support upon the child. And this is the default position of our earliest callers now, doesn't have to does not mean that he should not, there is no doubt that he should, especially if

00:43:42 --> 00:44:21

the child is having difficulty being raised by the mother and her relatives. And here I want to just point out, and I always, you know, when it comes to Islamic law, I do not view myself as a staff ruler ever been independent of the giants who precede me, I always am a minor person in their shadows, and I never give a fuck to or a position that is unique and unprecedented in Islamic history. There are some areas that I don't mind exploring some issues of Islamic theology, some issues of the Sunnah of the Prophet system, some issues when it comes to the concept of, you know, aroma, Quran and Arabic and Quran, there's certain issues, I don't mind being a little bit more

00:44:21 --> 00:44:59

going out on a limb and being in a very minority or maybe even bringing something new and I will defend myself when I do that. But when it comes to Islamic law, I have always said that I am simply following giants and I never break away from those giants. I don't consider myself to be qualified to practice HD hard in Islamic law. However, I will simply point out I will simply point out that a group of modern scholars and this is a modern opinion, are arguing that a person who engages in illegitimate * with a lady that that person should be partially if not fully

00:45:00 --> 00:45:30

financially liable as well. And this is a modern opinion. And so I'm simply saying it's there, I am not endorsing it because I don't feel qualified to endorse such a minority position because it is only being argued by a group of modern Muslim or Allah ma. In the classical position. I am not aware of anybody who obligated who obligated upon the biological father, the maintenance of the child. But this modern group of scholars in the writing and academic journals, the writing, these are people that are working,

00:45:31 --> 00:46:08

especially as scholars trained in fit, who then work in courts of law in the modern world, they see things that sometimes people that are simply with their students and reading, you know, the blessed books, they don't necessarily sometimes see. And you know, what they're arguing, and I've read a few articles to this point, or an article or two, I should say, to this point, what they're arguing is that, what happens is that the bulk of the burden is then placed on the woman, the financial burden, and yet the pleasure and the sin was shared by both the man and the woman. So why should the woman be burdened financially, when the both of them are equally guilty? Or perhaps even the man is more

00:46:08 --> 00:46:46

guilty? If he was the one who, you know wooed the lady, and, you know, she didn't have experience with men, and he kept on promising and whatnot, then the both of them did us and no question about it, and then he just disappears and philos you know, ghosts or whatnot, and then she has to deal with the child and the aftermath. And so, one, there is a modern position that why should you know the person not also have a financial obligation. So, that is something that is a modern opinion, at the same time, I am simply telling you, it's there, I cannot, because of you know, my own limitations, I have to stick with the great giants and the established schools in Medina have. And I

00:46:46 --> 00:47:23

will say that I am not aware of any pre modern opinion that has obligated financial support upon the biological father, that having been said, no scholar ever prohibits this support, and it is definitely the morally correct thing to do. If the person you know, acknowledges this child to be his own, then your husband, the fact that your husband is, you say that, you know, helping the child and, you know, taking care of the child once in a while then giving money and whatnot. This is something that is the least that he should do, and there's no problem Islamically doing it. The as I said, the issue is whether he's obligated to do or there's wajib or not, no early scholar said that

00:47:23 --> 00:47:58

his was you but no scholar said is how Mr. McRoy either if he wants to give money, he has the right to give money to whomever he wants. And there's no doubt that this child, you know, being a part of, you know, your husband's life and being taken care of financially is something that is noble overall, even if the act itself was not noble, the sin was done. But why should that sin be perpetuated? Also the the the final point here, and you asked about the issue of marriage, and you're worried that you know, you this boy is coming to your house, and you have daughters, you know, from this marriage? And so is there a Harami? Or is there a prohibition of marriage. And when

00:47:58 --> 00:48:42

it comes to this issue, the vast majority of scholars that humbly position the Maliki position, the Hanafi position is that they say even if the child is illegitimate, still, the marital rules and prohibitions will apply. Hence, if a father, if a male and a female engage in premarital *, they have let's say, a daughter, right? This lady, this girl shall be prohibited for her biological father, and for all of the biological fathers sons, and for the biological fathers uncles. In other words, that girl or the boy doesn't matter, it will be considered for the purpose of marriage, like a real child like a legitimate child, not for the purpose of Anessa of

00:48:42 --> 00:49:22

inheritance, you know, of patrilineal descent that no, they said, but for the purpose of marriage. Yes. And of course, there's one method that disagreed and with our utmost respect for that great Karachi Imam, even if a nursery I don't I lay but this issue, we have to respectfully simply delegate to the footnotes and leave it as something to know but never to act upon. No, you just don't do this. Your biological daughter is a daughter for the sake of marital purposes and you simply do not open this chapter or door and you leave this position as a minority never acted upon the default position of the Ummah And Alhamdulillah it is the vast majority position is that a child

00:49:22 --> 00:49:59

born outside of marriage shall be considered a biological child, for the purposes of marriage for the purposes of what is allowed and isn't allowed. And therefore, this young * that is coming to your house is haram for your daughters, because your daughters are also the children of the same man who fathered this boy. So they are his half sisters when it comes to when it comes to what marriage they are not his half sisters when it comes to the legal rights and privileges when it comes to the last name, but they are those half sisters or I should say step sisters when it comes to the issue of marriage, and therefore there is no question

00:50:00 --> 00:50:39

There cannot be any marriage between your daughters and between this boy, likewise, you as well become haram for this boy because he is, you know, you are married to his father. And so there is no issue over there. I just want to point out, though, that this is the issue for marriage, quite a number of other men, including Mr. Kodama, they said that, yes, marriage is haram. But still, hijab should be observed. Because we don't want to respect the sanctity of marriage by extrapolating it to situations outside of marriage. And so what they're basically saying is that they don't want to affirm a normal relationship, because it wasn't a normal union. Nonetheless, the point is that

00:50:39 --> 00:51:19

that's a technicality about whether to wear or not, the main issue is that this child is not allowed ever to marry your daughters. And he should be told that, you know, your daughters are the children of your Father, and He knows who his father is, as your daughter, your that your daughters are the children of his father. And he should he should know this, and he should view them as people that can never He can never marry. And this is the position of Islamic law as well. I want to conclude this by stating that, you know, I understand sister that clearly this has irritated you and you have every right to be irritated. But I advise you to allow your husband some leeway in showing love and

00:51:19 --> 00:51:55

in showing care for this child. It's not his fault. The fact that your your husband is spending time with the child and spending money on it, I know that of course it will, you know, it will cause you some grief because you would rather that he spends on your children and whatnot, but put yourself in the shoes of the child as long as he's giving you your rights giving your children and his children his rights. If he gives some time and some money to this child that was born outside of marriage and inshallah it affects this child to grow up in somewhat of a stable environment. Be a productive person, you know, be a good Muslim, you know, in sha Allah, expect your reward from Allah subhanho

00:51:55 --> 00:52:29

wa Taala I know it's difficult and awkward. And yes, he should have told you but what has happened has happened and you being good to others in sha Allah, they're going to be good back to you and inshallah Allah azza wa jal will reward you and also I know the child does not yours, but once again, it's not the child's fault and for you to show as well some kindness and love and compassion. And again, just to bring the heart of the child close to you know, the family environment and whatnot. Inshallah you will get your reward in this and in the end Allah azza wa jal knows best until next time, just gonna love it. So I'm gonna make more effort to warn you about a cartoon

00:52:30 --> 00:52:48

in Mussolini now, what are the most Lima Do you want to know meaning I mean it will quantity now not only that the more slaw the dino slaw the bond the one slobby Deena was Slavia right the one before she you know wonderful she

00:52:50 --> 00:53:05

wouldn't voice hearing our voice she is the one downside BP now one downside the party was all me now was all in

00:53:07 --> 00:53:14

one have you Lena photo gentlemen wouldn't have failed. What the was that good enough? Guess

00:53:15 --> 00:53:19

what's going on? I don't

00:53:23 --> 00:53:25

wanna jump on Eileen.

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