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this is the case, how can Islâm take chances on the future of its daughters by giving them into the hands of
people who neither honor their religion nor are concerned to protect their rights?
A marriage between a man and woman of different faiths can be based only on the husband’s respect for his
wife’s beliefs; otherwise a good relationship can never develop. Now, the Muslim believes that both Judaism
and Christianity originated in divine revelation, although later distortions were introduced into them. He also
believes that God revealed the Taurat to Moses and the Injeel to Jesus, (Taurat refers to the original
scripture revealed to the Prophet Moses by God, and Injeel to the Prophet Jesus. These are not to be
confused with either the existing Torah or Old Testament, or the four Gospels of the New Testament.
(Trans.)) and that both Moses and Jesus (peace be on them) were among the messengers of Allâh who
were distinguished by their steadfast determination. Accordingly, the Christian or Jewish wife of a Muslim
lives under the protection of a man who respects the basic tenets of her faith, her scripture, and her
prophets, while in contrast to this the Jew or Christian recognizes neither the divine origin of Islâm, its Book,
or its Prophet (s.a.w.s.). How then could a Muslim woman live with such a man, while her religion requires of
her the observance of certain worships, duties, and obligations, as well as certain prohibitions. It would be
impossible for the Muslim woman to retain her respect for her beliefs as well as to practice her religion
properly if she were opposed in this regard by the master of the house at every step.
It will be realized from this that Islâm is consistent with itself in prohibiting the Muslim man to marry a
mushrik woman, for since Islâm is absolutely opposed to shirk, it would obviously be impossible for two such
people to live together in harmony and love.
Prostitutes
17.
Here prostitutes (al-zaniyah) are women who earn money through prostitution. It is reported that Marthad
ibn Abû Marthad asked the Prophet’s permission to marry a prostitute named ‘Anaq with whom he had
relations during the pre-Islâmic period. The Prophet (s.a.w.s.) did not give him an answer until Allâh
revealed, The adulterer shall not marry anyone except a adulteress or an idolatress, and the adulteress shall
not marry anyone but a adulterer or an idolater, and that (marrying them) is haram for the Believers. (24:3)
The Prophet (s.a.w.s.) then recited this verse to Marthad and said, “Do not marry her.” (This story is
reported by Abû Daoud, al-Nisai, and al-Tirmidhî)
Allâh Subhanahu wa Ta‘ala has permitted Muslims to marry chaste believing women or chaste women of the
People of the Book. Similarly, He has made marriage lawful to men on the condition that they seek it “in
honest wedlock, not in lust.” (4:24). Accordingly, if someone does not accept this command from the Book
of Allâh, nor considers it binding, he is a mushrik (As we saw in Chapter One in the discussion concerning
Allâh’s sole right to legislate the halal and haram for His servants, anyone who disobeys or disregards this
explicit command of Allâh Ta‘ala is considered a mushrik or an associator), and no one will agree to marry
him except another mushrik. If someone accepts this command as binding, but despite this he marries a
fornicatress to whom marriage has been prohibited, he becomes a fornicator himself.
This ayah just cited comes after the ayah prescribing the punishment of flogging for fornicators (This
punishment has been prescribed for the unmarried fornicator and his partner, while the punishment of death
by stoning, if the crime is proved either by four male adult eye witnesses to the act or by self confession, has
been prescribed for the married adulterer and his partner. (Trans.)): Flog the woman and the man guilty of
fornication each with a hundred stripes....(24:2)
While this is a corporal punishment, the punishment mentioned in 24:3 is a civil punishment, for depriving
fornicators of the right to marry chaste women is like depriving someone of citizenship, nationality, or some
other civil right as a punishment for a crime.
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Ibn al-Qayyim, after explaining the meaning of the previously-cited verse goes on to say: This explicit
injunction of the Qur‘ân is what human nature and reason demand. Allâh Ta‘ala prohibits His slave (the
Muslim man) to become a pimp to his wayward wife, as He made man’s nature with an instinctive
abhorrence and contempt for acting as a pimp. This is why, when people want to abuse someone in the
most disparaging manner, they call him ‘the husband of a whore;‘ and Allâh does not permit the Muslim to
be like that.
Further light is thrown on this prohibition by considering the crime of the woman against her husband and
society. She defiles the bed of her husband and perverts the lineage which Allâh desires to preserve for the
integrity and smooth functioning of society, which He counts as one of His favors upon mankind. Adultery
leads to the confounding and doubting of parentage. It is thus one of the beauties of the Islâmic Shari‘ah that
it prohibits marriage to a prostitute until she repents and demonstrates that she is not pregnant (that is, until
she has a menstrual period in order to ascertain that she is not carrying a child). (lghathat al-Lahfan, vol. 1,
pp. 66-67.)
Moreover, a prostitute is a vile and degraded woman. Allâh has ordained that marriage be a source of
affection and mercy between the spouses. How then could a vile woman be the object of love of a virtuous
man, since the partners in a marriage must be akin in their ideas, attitudes, and characters if true love and
understanding are to develop between them. As vileness and virtue are antithetical to each other both by
nature and by considerations of morality, there cannot even be a sympathy, much less love and affection,
between the two. Indeed, Allâh Subhanahu wa Ta‘ala has spoken truly in His saying, Vile women are for vile
men, and vile men are for vile women; virtuous women are for virtuous men and virtuous men are for
virtuous women. (24:26)
Temporary Marriage (Mut‘ah)
Marriage in Islâm is a strong bond, a binding contract, based on the intention of both partners to live together
permanently in order to attain, as individuals, the benefit of the repose, affection, and mercy which are
mentioned in the Qur‘ân, as well as to attain the social goal of the reproduction and perpetuation of the
human species: And Allâh has made for our spouses of your own nature, and from your spouses has made
for you sons and grandsons....(16:72)
Now, in temporary marriage (known in Arabic as mut‘ah), which is contracted by the two parties to lafor a
specified period of time in exchange for a specified sum of money, the above-mentioned purposes of
marriage are not realized. While the Prophet (s.a.w.s.) permitted temporary marriage during journeys and
military campaigns before the Islâmiclegislative process was complete, he later forbid it and made it forever
haram.
The reason for it was permitted in the beginning was that the Muslims were passing through what might be
called a period of transition from jahiliyyah to Islâm. Fornication was very common and wide-spread among
the pre-Islâmic Arabs. After the advent of Islâm, when they were required to go on military expeditions, they
were under great pressure as a result of being absent from their wives for long periods of time. Among the
Believers were some who were strong in faith and others who were weak. The weak ones feared that they
would be tempted to commit adultery, a major sin and an evil course, while the strong in faith, on the other
hand, were ready to castrate themselves, as stated by Ibn Mas‘ud: We were on an expedition with Allâh’s
Messenger (s.a.w.s.) and did not have our wives with us, so we asked Allâh’s Messenger (s.a.w.s.), ‘Should
we not castrate ourselves? (The reason for this request was the desire to maintain their purity of mind and
body, which was in danger of being affected by their unmet needs. (Trans.)) He forbade us to do so but
permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower
(mahr) (Compiled by al-Bukhâri and Muslim.)
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