Thirteen years ago, my brother married a woman, and at the same time, her brother married my sister. Each of them received a mahr, which I then waived. After four years, a dispute arose between my sister and her husband.
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The questioner : He says that thirteen years ago, his brother married a woman, and at the same time, that woman's brother married his sister. Each of them received a mahr in her hand, and then each one waived her mahr. After about eight years, problems began to creep into his sister's husband's family, which was large and had a considerable number of women. Similarly, problems occurred between his brother and his wife; the problems would arise and be resolved without lasting long. However, about four years ago, when things intensified and the relationship between his sister and her husband deteriorated, some women from his sister's husband's relatives came and suggested to her the idea of performing a hijab, hoping it would improve the relationship between her and her husband. She agreed and did it. After a period of performing the hijab, a minor dispute occurred between his sister and her husband. He saw the hijab with her, took it from her, and told her to go to her father's house. This actually happened; she came to their house and stayed with them for about three months. No one came to attempt reconciliation. Then his brother said to his wife, "Go to your father's house."
Now, each one is in her parents' home. The number of children in both homes is about fourteen. After that, delegations began to form to resolve the issue. Finally, the delegation decided to return each one to her husband, and both parties agreed to this. However, his sister's husband said, word for word, "She returns, but not as a wife; she returns only to take care of her children." His family agreed to this, saying it was a moment of anger that would pass. But the man carried out what he said; after that, he married another woman and left his sister, and has not spoken to her for four years until now. His sister remained there with them, and no one from the family speaks to her, while her husband is with his other wife in a separate house. First, is the marriage contract valid in this form? What is the ruling on the hijab she performed, which seems to have had the opposite result? Is it permissible for his sister to remain in this state, or is she considered to be with strangers and thus divorced? What are your guidelines and advice for resolving this issue? We are afraid that if we take any action, we will anger Allah, the Exalted.
The Shaykh : This is a long question.
The questioner : Yes.
The Shaykh : It contains paragraphs that do not need to be mentioned, such as the number of families and the like. I advise my brothers who present the questions to make them focused and concise so that they can be understood and answered. However, this questioner was fortunate in that he limited the question to the following points. First, are the two marriage contracts valid? The answer to this is that the two contracts are valid if there was no condition. If there was a condition, such as one of them saying to the other, "I will not marry you until you marry me," then this is from the marriage of shigar, which the Prophet (peace and blessings be upon him) forbade. The scholars (may Allah have mercy on them) differed on whether, if a full mahr was named for both women, and each husband was a suitable match for the woman, and both wives were satisfied, whether the marriage in this case is valid or invalid, according to two opinions among the scholars of knowledge. What appears from the situation, or from the apparent wording of the question, is that there was no condition between them, and on this basis, the two marriages are valid.
The questioner : Yes.
The Shaykh : As for the second point, which is the placement of the hijab, known in the custom of many people as al-khat, performing this hijab is forbidden and not permissible, because the Sunnah did not come with it. If it consists of forbidden supplications and forbidden talismans, there is no doubt in its prohibition. If it consists of the Qur'an, there is a dispute among the scholars of knowledge regarding its prohibition, and the stronger opinion is that it is not permissible. This is because seeking healing through the Qur'an in a manner for which the Sunnah did not come is not correct, because such matters are dependent on the Shari'ah. What the Shari'ah has come with is permissible, and what it has not come with is originally prohibited, because establishing a cause for something that the Shari'ah has not come with and reality has not witnessed is a type of shirk (associating partners with Allah). Therefore, it is not permissible for anyone to hang something around their neck to seek healing from illness or to ward off evil, because this has not come in the texts, and the original ruling in these matters is prohibition.
The questioner : Yes, the last point asks whether it is permissible for his sister to remain in this state, or whether she is considered to be with strangers and is divorced?
The Shaykh : As for the third point, which is his sister remaining with her husband who told her to return to her house not as a wife, but to be with her children, this depends on the husband's intention. If his intention with this divorce is that she is divorced, then she is divorced. And her remaining in this house with her children, if they have reached maturity and reason, there is no harm in it, because she would be a woman with her mahrams (close relatives). And if they are not mature and rational, there is also no harm in it, as long as fitnah (temptation) is safe and no one is left alone with her other than her mahrams. Yes.
The questioner : Yes, may Allah bless you.
This is a message from the listener Abdullah al-Fu'ad from Beirut, Lebanon.
Now, each one is in her parents' home. The number of children in both homes is about fourteen. After that, delegations began to form to resolve the issue. Finally, the delegation decided to return each one to her husband, and both parties agreed to this. However, his sister's husband said, word for word, "She returns, but not as a wife; she returns only to take care of her children." His family agreed to this, saying it was a moment of anger that would pass. But the man carried out what he said; after that, he married another woman and left his sister, and has not spoken to her for four years until now. His sister remained there with them, and no one from the family speaks to her, while her husband is with his other wife in a separate house. First, is the marriage contract valid in this form? What is the ruling on the hijab she performed, which seems to have had the opposite result? Is it permissible for his sister to remain in this state, or is she considered to be with strangers and thus divorced? What are your guidelines and advice for resolving this issue? We are afraid that if we take any action, we will anger Allah, the Exalted.
The Shaykh : This is a long question.
The questioner : Yes.
The Shaykh : It contains paragraphs that do not need to be mentioned, such as the number of families and the like. I advise my brothers who present the questions to make them focused and concise so that they can be understood and answered. However, this questioner was fortunate in that he limited the question to the following points. First, are the two marriage contracts valid? The answer to this is that the two contracts are valid if there was no condition. If there was a condition, such as one of them saying to the other, "I will not marry you until you marry me," then this is from the marriage of shigar, which the Prophet (peace and blessings be upon him) forbade. The scholars (may Allah have mercy on them) differed on whether, if a full mahr was named for both women, and each husband was a suitable match for the woman, and both wives were satisfied, whether the marriage in this case is valid or invalid, according to two opinions among the scholars of knowledge. What appears from the situation, or from the apparent wording of the question, is that there was no condition between them, and on this basis, the two marriages are valid.
The questioner : Yes.
The Shaykh : As for the second point, which is the placement of the hijab, known in the custom of many people as al-khat, performing this hijab is forbidden and not permissible, because the Sunnah did not come with it. If it consists of forbidden supplications and forbidden talismans, there is no doubt in its prohibition. If it consists of the Qur'an, there is a dispute among the scholars of knowledge regarding its prohibition, and the stronger opinion is that it is not permissible. This is because seeking healing through the Qur'an in a manner for which the Sunnah did not come is not correct, because such matters are dependent on the Shari'ah. What the Shari'ah has come with is permissible, and what it has not come with is originally prohibited, because establishing a cause for something that the Shari'ah has not come with and reality has not witnessed is a type of shirk (associating partners with Allah). Therefore, it is not permissible for anyone to hang something around their neck to seek healing from illness or to ward off evil, because this has not come in the texts, and the original ruling in these matters is prohibition.
The questioner : Yes, the last point asks whether it is permissible for his sister to remain in this state, or whether she is considered to be with strangers and is divorced?
The Shaykh : As for the third point, which is his sister remaining with her husband who told her to return to her house not as a wife, but to be with her children, this depends on the husband's intention. If his intention with this divorce is that she is divorced, then she is divorced. And her remaining in this house with her children, if they have reached maturity and reason, there is no harm in it, because she would be a woman with her mahrams (close relatives). And if they are not mature and rational, there is also no harm in it, as long as fitnah (temptation) is safe and no one is left alone with her other than her mahrams. Yes.
The questioner : Yes, may Allah bless you.
This is a message from the listener Abdullah al-Fu'ad from Beirut, Lebanon.