I am a teacher, and I am a devout woman, praise be to Allah, and I have been wearing the Shari'ah hijab for a long time. I adhere to the teachings of Islam in my speech and my actions, and I memorize a great deal.
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The questioner : I am a devout teacher, praise be to Allah, and I have been wearing the Shari'ah hijab for a long time. I adhere to the teachings of Islam in my speech and my actions, and I memorize a great deal of the Noble Qur'an. Circumstances forced me to marry a man who does not pray, does not fast, and does not pay zakah. I was offered a transfer to one of the Arab countries, so I went and work in this country in a girls' school only, and those who teach in this school are only female teachers. I ask that my letter be presented to His Eminence the Shaykh. The question is: Is my work as a teacher forbidden? And if it is forbidden, then who will teach the girls and produce the female doctors and the cultured, devout mothers? I am very successful in my work, praise be to Allah, and I am sincere to Allah the Exalted in it, performing it to the best of my ability, and I instill the teachings of the pure Islam in the minds of my students.
Second: My transfer without a mahram is forbidden, because I know that the hadith of the Messenger of Allah (peace and blessings be upon him) says: "A woman should not travel for three nights except with a mahram". We live in separate housing and in a girls' school only, and we do not mix with men. I fear Allah the Mighty and Majestic, and I have no work other than teaching, prayer, and reading the Qur'an. I accepted the transfer to build a separate house and live in it away from my husband who does not pray, because I have no livelihood other than my work. I heard on your program, Noor 'ala al-Darb, that my marriage to this man is invalid because he is considered a disbeliever. I have been married for seven years and have a daughter from him. When I learned of this, I asked him for a divorce and tried to find a way out by all means, but he completely refuses to divorce me. What should I do? Is the contract over me considered invalid? He has had intercourse with me for approximately seven years. One last point: Is the money from the transfer considered forbidden or lawful? I consider this money that I receive to be lawful by performing my work to the best of my ability and in a way that pleases Allah. Please inform us, may Allah reward you.
The Shaykh : This question, as I read it, is a long question, but it boils down to three points. The first point: Her marriage to this man who did not pray, did not fast, and did not pay zakah. The second point: Her travel without a mahram. The third point: The permissibility of taking the salary for the transfer.
As for the first point, which is her marriage to this man who does not pray, does not pay zakah, and does not fast, it is, as you mentioned, an invalid marriage. This is because the man mentioned does not pray, and whoever does not pray is a disbeliever who has apostatized from Islam. And a disbeliever who has apostatized from Islam is not permitted to be married to a Muslim woman, based on the saying of the Exalted:[Al-Mumtahanah 60:10]. Therefore, it is obligatory for her to separate from him by any means, even if she disappears from him and leaves him, unless Allah the Mighty and Majestic guides him to Islam and he prays. If Allah guides him to Islam and he prays, then the contract is renewed from the beginning, because the first contract is not valid.
As for the second point, which is her travel without a mahram, that is also not permissible. This is because it is established in "al-Sahihayn" from the hadith of Ibn 'Abbas (may Allah be pleased with them both), who said: I heard the Prophet (peace and blessings be upon him) delivering a sermon, saying:. Then a man stood up and said: O Messenger of Allah! My wife has gone out for Hajj, and I have signed up for the expedition of such and such. He said: Bulugh al-Maram 718. Let one of her mahrams accompany her, such as a brother, an uncle, a maternal uncle, or a father, if he is available.
As for the third point, which is her taking the salary, there is nothing wrong with it, and she has done nothing wrong in that, especially since she mentions about herself that she is performing the work in the required manner that pleases Allah, Blessed and Exalted is He. Yes.
The questioner : May Allah reward you. This listener, 'Abd al-Hakim Mahdi, sent a message saying in it.
Second: My transfer without a mahram is forbidden, because I know that the hadith of the Messenger of Allah (peace and blessings be upon him) says: "A woman should not travel for three nights except with a mahram". We live in separate housing and in a girls' school only, and we do not mix with men. I fear Allah the Mighty and Majestic, and I have no work other than teaching, prayer, and reading the Qur'an. I accepted the transfer to build a separate house and live in it away from my husband who does not pray, because I have no livelihood other than my work. I heard on your program, Noor 'ala al-Darb, that my marriage to this man is invalid because he is considered a disbeliever. I have been married for seven years and have a daughter from him. When I learned of this, I asked him for a divorce and tried to find a way out by all means, but he completely refuses to divorce me. What should I do? Is the contract over me considered invalid? He has had intercourse with me for approximately seven years. One last point: Is the money from the transfer considered forbidden or lawful? I consider this money that I receive to be lawful by performing my work to the best of my ability and in a way that pleases Allah. Please inform us, may Allah reward you.
The Shaykh : This question, as I read it, is a long question, but it boils down to three points. The first point: Her marriage to this man who did not pray, did not fast, and did not pay zakah. The second point: Her travel without a mahram. The third point: The permissibility of taking the salary for the transfer.
As for the first point, which is her marriage to this man who does not pray, does not pay zakah, and does not fast, it is, as you mentioned, an invalid marriage. This is because the man mentioned does not pray, and whoever does not pray is a disbeliever who has apostatized from Islam. And a disbeliever who has apostatized from Islam is not permitted to be married to a Muslim woman, based on the saying of the Exalted:
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAs for the second point, which is her travel without a mahram, that is also not permissible. This is because it is established in "al-Sahihayn" from the hadith of Ibn 'Abbas (may Allah be pleased with them both), who said: I heard the Prophet (peace and blessings be upon him) delivering a sermon, saying:
No man is to be left alone with a woman except with a mahram, and no woman is to travel except with a mahram.
لا يخلون رجل بامرأة إلا مع ذي محرم، ولا تسافر امرأة إلا مع ذي محرمGo and join your wife in Hajj
انطلق فحج مع امرأتكAs for the third point, which is her taking the salary, there is nothing wrong with it, and she has done nothing wrong in that, especially since she mentions about herself that she is performing the work in the required manner that pleases Allah, Blessed and Exalted is He. Yes.
The questioner : May Allah reward you. This listener, 'Abd al-Hakim Mahdi, sent a message saying in it.