Book Review Assignment

FIM 1123

The Lawful and the Prohibited in Islam

Written by Yusuf Al-Qaradawi

Chapter Reviews by:

Farhana Azahar
100902

Sarah Abdul Hadi

106431

Lecturer’s Name: Ustaz Kassim

Section number: 4
 CHAPTER 3

The Halal and the Haram in Family Life

Section 1 – The Physical Appetites

 Sexual drive is created by Allah to ensure the survival of species

 3 ways used by man to deal with sexual drive
 Fulfilling it with anyone available (done by people with no
religion)
 Reduces a human to being just like an animal
 Destroys foundation of families and society
 Suppressing or getting rid of sexual drive entirely.
 It is against the laws of Allah and against the natural order
 Regulating the satisfaction of sexual urge – neither suppressing it,
nor giving it free reign.
 Islam has institutionalized marriage and prohibits fornication (sex
without marriage) and adultery
 3rd way is the right and intermediate way
o Leads to marriage, ensuring continuation of human species
o Prohibition of adultery and fornication ensures that family foundation is
kept solid (clear lineage)
o Emotions such as love (affection), mercy, sacrifice for others only
develops in the existence of stable family
 Without these emotions, cohesive society cannot be formed
 No progression of society

Prohibition of Approaching Zina

 Islam prohibits fornication and zina

o Zina and fornication leads to confusion of lineage, child abuse, breaking
up of families, spread of STDs, bitterness in relationships and lax of
morality
o “And do not come near zina; indeed, it is an abomination, and an evil
way.” (17:32)
o Anything that leads to zina is haram

Khulwah

 State of man and woman being alone together which might lead to intimacy
 o It is prohibited between man and women who are not mahrem
o Done so to protect man and woman from evil thoughts and to protect their
honour
o The prophet warned women about khulwah with their male in-laws (her
husband’s father and sons) and also her mahrem relatives (cousins, etc)
Looking at the Opposite Sex with Desire

 It is prohibited
o A look brings message of desire. Might lead to fornication
o Allah has ordered male and women to lower their gazes along with telling
them to guard their sexual parts
o Lowering one’s gaze:
 To avert face from passers-by of opposite sex, and to not caress
their attractive features with the eyes
 The eyes can also commit zina which is by looking lustfully at a
person.

Prohibition of Looking at Another Person’s Awrah

 The Prophet S.A.W. forbade any person from looking at the awrah of another (the
same or opposite sex) with or without desire
o What is haram to look is haram to touch
o The prohibition becomes void in case of necessity (except for when it
involves lust)
 First aid and medical treatment

What May Be Seen of the Man and Woman

 An innocent look at another person’s awrah is permissible as long is does not

become intent or repeated and filled with pleasure or desire
 Islamic Shari’ah states that an accidental glance on something is that haram to be
seen is forgiven.

The Display of Women’s Adornments: What Is and What Is Not

 Many views
 Yusuf Al-Qaradawi’s view is the same as those of the Companions.
o All parts of a woman’s body is her awrah except her face, her hands, and
their ordinary adornments such as kohl and a ring.
o This exception does not include cosmetics (make up: cheeks, lips, nails)
 It is used to get a man’s attention, hence it is haram.
o When the wind blows away and awrah is accidentally revealed, it is okay.
o The neck, the head, and the bosom must be covered.
 o A woman’s awrah cannot be shown to non-mahrem men and non-muslim
women.
o With muslim women and mahrem men however, the only parts that cannot
be shown are the thighs, the back, abdomen and the two privates.
 These parts can only be shown to the husband
o Women must wear an outer garment to prevent her from being victims of
lecherous and evil men,
o The elderly among women (post-menopausal women, those who are not
desiring of marriage or sex) are allowed to put aside their outer garments
 In condition that this is done only for comfort and not to show her
adornments

Concerning Women Entering Public Baths

 Women are not allowed to enter public baths as disrobing in front of other women
might make their physique become the topic of gossip amongst other women.
This is also involving their awrah
 Men are allowed to enter public baths if and only if they wear a waist wrapper
 Women who need to enter public baths because warm baths are beneficial for
their health are allowed to do so
 Women after childbirth are allowed to enter public baths as well

The Prohibition of the Display of Women’s Attractions

 Muslim women should not display their attractions like that of the jahiliah
o mingling freely with men, walking seductively, and wearing a head-
covering in a manner which exposes the ornaments and beauties of the
head and neck

How a Muslim Woman Should Conduct Herself

 They should lower their gazes

 Not intermingling with men such that their bodies come into contact with the men
 Her clothing must conform with the standards of the Shariah
o Her clothes must cover her whole body except the hand and the face
o It must not be transparent
o It must not be tight so as to reveal the shape of her body
o Must not dress like a man
o Should not imitate non-Muslims when dressing.
 Walks and talks in a dignified manner. Avoids flirtatious movements or facial
expressions
 Does not wear perfume or jingle her concealed adornments to attract men’s
attentions.
A Woman Serving Male Guests

 She is allowed to serve her husband’s male guests as long as she is dressed
properly and there is no threat of involvement between the two parties

Sexual Perversion (Homosexuality): A Major Sin

 Homosexuality goes against the natural order of life, and so, is a major sin

Ruling Concerning Masturbation

 Majority of scholars including Imam Malik consider it haram

 Imam Ahmad Ibn Hanbal permits it, under two conditions
o One does it to avoid adultery and fornication
o One does it because one is unable to marry
 One is allowed to masturbate granted he does not do it too frequently and make it
a habit
 To avoid masturbation, the Prophet S.A.W. suggested a young man should fast as
it trains patience and cools sexual patience.

Section 2 – No Monasticism in Islam

No monasticism in Islam

 As long as one is able, one should not refrain from getting married, and should
not cut oneself off from the world with the excuse of dedicating oneself to Allah

Seeing the Woman One is to Marry

 One must see the woman one is to marry

o Might incite love
o To avoid the man from feeling regret later on
 Some scholars say that one can see only the face and the hand
 Some scholars and Yusuf Al-Qaradawi believe that one is allowed to see the
woman as she normally appears around her father, brother and other mahrem men
(muharramah)
 o The man who has proposed is allowed to follow her and watch her as she
does her daily business and errands, as long as she is accompanied other
by a mahrem as chaperone

Prohibited Proposals

Those whom a man cannot propose to:

 A widowed or a divorced woman who is still in ‘iddah
o May only hint at proposing
 A woman who is betrothed to a brother Muslim.
o May only propose after the brother Muslim has withdrawn, or gives
permission.

Consent of the Girl

 A woman who has been married previously has more right to decide on her
person than her guardian
 A virgin must be asked for consent on a marriage proposal (her silence is her
consent)
 A father must not delay marriage once the proposal from a man of equal status
who is a of sound mind and character is received.

Women to Whom Marriage is Prohibited

1st category: Muharramat (mahrem women)

1. The father's wife,

 divorced or widowed
 once a woman is married to a man's father acquires the status of his
mother
 prohibition is out of honor and respect for the father
 son and his step-mother are able to develop a relationship of respect and
honor.

2. The mother, including the grandmothers on both sides.

3. The daughter, including the granddaughters from the son or daughter.
4. The sister, including the half, and step-sisters.
5. The paternal aunt, whether she is the real, half, or step-sister of the father.
6. The maternal aunt, whether she is the real, half, or step-sister of the father.
7. The brother's daughter, i.e., his niece.
8. The sister's daughter, i.e., his niece.

The reasons for prohibition

 Entertaining sexual thoughts about close relatives is abhorrent
 o Even animals avoid mating with other closely-related animals
 To allow family to live in harmony
 To allow the circle of love and kin-ship to expand to outside the family
 Marriage between relatives would cause ill-emotions, and break family
bonds
 Physical defects in offsprings will become more pronounced
 The woman will need people to champion her rights against her husband
o If marries inside the family, possibly no family member will champion her

2nd category: Fosterage

9. Foster mother
 A woman whom the man has suckled from during his infancy
 considered foster mother if he has suckled from her for 5 different occasions
10. Foster sister
1. She is considered as his real sister

3rd category: In-Law Relations

11. Mother-in-law
 Prohibited as soon as he marries her daughter
 regardless of consummation
12. Step-daughters
 Prohibited only if he has had sexual intercourse with the mother
13. Daughter-in-law
 The wife of the real sons, not the adopted sons
 Islam has abolished legal adoption (making adopted son as real son)

4th category: The sister of an existing wife

14. One cannot make sisters as co-wives

 May disrupt the sisterly love between the two

5th category: Married women

15. Women who are married

 Can only marry if fulfil two conditions
o Woman has cut all ties with husband (death or divorce
o She has finished her ‘iddah

6th category: Religion

16. Mushrik women

 May cause discord in family (no sameness in religion)
7th category: Fornicatress
17. Men cannot marry women who trade sex for a living
 Prohibition lasts until the prostitute has repented and demonstrated that
she is not pregnant (to avoid the confusion of lineage)

Marriage to Women of the People of the Book (Ahl Al-Kitab)

 Muslim men are allowed to marry Christian and Jewish women

o Their religion is from the same divine origin, although it has been
altered and distorted
o Muslim men may allow the Jewish/Christian wife to practice their
faith (give freedom of faith)
o However, a preference of a Muslim woman who loves her religion
more is better
o If a Muslim man immigrates to a non-Muslim country where non-
Muslim men are sparse, the permissibility of marrying Jews and
Christians can be revoked to ensure that the Muslim women have men
to marry

 Muslim women are not allowed to be married off by their fathers to non-
Muslim men, even if they are Ahl Al-Kitab
o Men are the head of the family
o Islam gives freedom of faith to the Christian or Jewish wives, but
Judaism and Christianity does not
 Wife might be forced to enter another religion

Temporary Marriages (Mut’ah)

 Marriage (by contract) to a certain period of time with a certain amount of money
received by the end of the period is haram.

Polygamy

 A man is allowed to marry more that one wife, but not more than four
o He is prohibited to marry more than one if he is not sure that he can be
equal and fair to all his wives
 Must be fair in manner of food, clothing, housing, expenses and
time spent
 This relates to rights of wives, not husband’s affections (it is
uncontrollable)
 Reasons why polygamy is permissible:
o 1st wife might be barren
 Better to marry another (to beget heirs) while maintaining and
safe-guarding the right of the first wife
o Husband might have strong sexual desires while wife does not, or has long
menstrual periods, is old, etc.
 Better than for the males to look for satisfaction with girlfriends
(outside of lawful wedlock)
o For times when women outnumber men (especially after war)
 Better for them to be co-wives than spending their time alone, and
without protection of a fair husband who can provide for more than
one wife

Section 3 – The Relationship Between Husband and Wife

The Sexual Relationship

 A husband may not have intercourse with his wife when she is menstruating
o He may fondle and enjoy her, but he must avoid the vagina
o Scientific reason to avoid intercourse during menstruation:
 The menstrual blood is toxic and must be discharged
 May cause illness if not discharged
 During menstruation, the reproductive organ becomes highly
congested and then nerves become sensitive
• Intercourse will irritate this, and will inhibit menstrual
flow, causing inflammation of the sex organ

 A husband may have intercourse with his wife from the front or the back, as long
as he enters only the vagina.

Guarding the Secrets between Husbands and Wives

 It is haram for a husband and a wife to spread the secrets of their spouses
o Especially of what they do privately (intercourse)

Section 4 – Contraception

Contraception
 Contraception is allowed.
 Valid reasons for contraception
o Fear that pregnancy might harm the woman’s life
 o Fear that another child might cast the family into dire straits and lead them
towards doing haram things
o Fear that the existing children’s health might be harmed/affected
o Fear that a pregnancy might harm the suckling child
 Being pregnant while still nursing another child is called ‘gheelah’
 Nursing from a mother that is pregnant may weaken a child
o Fear that pregnancy might harm the woman’s life

Abortion
 Abortion when the foetus is already fully formed and has a soul is haram
o It is like killing a live human being
 If foetus is fully formed, and has a soul, but continuing the pregnancy might harm
the mother, it is okay to abort the pregnancy

Section 5 – Divorce

 Both husband and wife have the same right, except that the husband has a higher
degree (due to him being the head of the family)
 Husbands must treat his wife as well as how he treats himself
 Husband must be tolerant towards the wife
 The wife must try to please the husband and not let one night pass where the
husband is angry with her
 Husbands cannot beat his wife in the face
 When there occurs disobedience in the wife the husband has 3 ways to deal with
her,
o The first method: using kind words, gentle persuasion
o When that fails: sleep apart from her
o The final method: to beat her gently, but not on the face, or sensitive areas
 If all else fails, find an arbiter from the wife’s side, and one from the husband’s
side, and let them meet to discuss a solution for the two.
 If the rift deepens and no solution is found, divorce is allowed but only if there is
really no other solution and the continuation of their union would only cause them
to not be able to obey Allah’s limits and to fulfil their responsibilities as husband
and wife.
 Divorce without first exhausting all the other methods mentioned before in
resolving the conflict is prohibited
 Times when divorce is prohibited:
o When the wife is menstruating or in a state of nifas
 Husband might divorce wife out of sexual frustration
o When the husband has had intercourse with the wife during her period of
purity
 The wife might become pregnant and the husband might suddenly
change his mind about the divorce
  If a husband has divorced his wife in these prohibited times, it is considered valid.
 Taking an oath of divorce (threatening the wife with divorce) is not permissible
 The wife must reside in her home during the ‘iddah period
o She cannot move out, and the husband cannot evict her without a just
cause
o Allows the husband to change his mind in case living together rekindles
their sympathy and love
o If the woman is pregnant, allows her pregnancy to be obvious

Repeated Divorce
 The one who does it is not a true believer.

Artificial Insemination
 If the sperm is from anyone but the husband, it is prohibited