النص المفهرس

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nikâh will not be valid from the very outset. Similarly, if the wali
performed the nikah of a boy with a mahr which was far more than the
mahrul mithl of the girl, the nikâh will not be valid from the very outset.
15. A wali other than the father or grand-father had performed the nikâh of
an immature girl who also had knowledge of this nikâh. Thereafter, she
became mature and until then her husband hadn't had any sexual
intercourse with her. In such a case, the moment22 she becomes mature,
she must mention her discontent with regard to marrying this person. She
must clearly state that she is not happy. Alternatively, she could say that
she does not wish to continue with this marriage. This could be said in the
presence of others or in privacy where she is all alone. But she has to
mention it verbally. However, by her merely saying this, the nikâh will not
be annulled. She will have to go to a Muslim judge, he will annul the
marriage, and only then will it be annulled.
Once she becomes mature and allows even a moment to pass in which she
does not mention her discontent, she will not have the choice of having her
nikâh annulled.
But if the girl did not have any knowledge of this nikâh and only learnt of it
after becoming mature, then the moment she is informed, she will
immediately have the right to reject the nikâh. If she remains silent for even
a moment, she will forfeit this right to reject the nikâh.
16. If her husband engaged in sexual intercourse with her, and thereafter
she becomes mature, it is not necessary for her to reject the nikâh
immediately after becoming mature or after being informed. Instead, as
long as she does not express her consent and happiness, she will have the
choice of rejecting or accepting irrespective of how much time lapses.
However, if she clearly states that she is happy about this marriage, or her
consent is made apparent in some other way such as being in solitude with
her husband like any other normal husband and wife, then she will have no
choice and this nikâh will become entrenched.
17. The person who is most entitled of being the wali of an immature girl is
gone to a foreign country. He is so far away that if the rest of the family had
to await his arrival in order to consult him, the girl will lose this
opportunity. Furthermore, the person who has come with the proposal is not
227
This rule applies to women. When a boy becomes mature, it is not necessary for him to
reject the marriage immediately. Instead, as long as he does not express his consent and happiness,
the right to reject or accept the nikâh will remain.

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prepared to wait for so long and it will be difficult for the girl to receive a
similar proposal. In such a case, the person who is next in line to become
her wali can also perform her nikâh. If he performs the nikâh without
consulting the girl, it will be valid. But if the first wali is not very far away,
her nikâh should not be performed without consulting him. If it is
performed, it will be dependent on his permission. Once he grants his
permission, the nikâh will be valid.
18. Similarly, if the second wali performs the nikâh of an immature girl
despite the most rightful wali being present, it will be dependent on his per-
mission. For example, if the grand-father performs the nikâh without
consulting the father despite the latter being present, it will be dependent on
the father's permission. If the right belonged to the brother but the nikâh
was performed by the uncle, it will be dependent on the brother's
permission.
19. A woman became a lunatic and lost her sanity. She has a mature son
and a father as well. If her nikâh has to be performed, her wali will be her
son because the son is more entitled of being a wali than the father (father
of the woman).
The Question of Compatibility or Kufu
1. The Sharî'ah has taken great precautions in ensuring that nikâh with an
incompatible person or a person of a lower social standing does not take
place. In other words, do not perform the nikâh of a girl with a man who is
not equal to her in status or who is of no match to her.
2. Compatibility or equality is considered in several factors: (1) lineage, (2)
Islam, (3) piety, (4) wealth, (5) profession or occupation.
Equality in Lineage
1. Equality in lineage is that the Shaykh, Sayyid, Ansari, and 'Alawi are all
equal to each other. In other words, although the status of a Sayyid is more
than the others, if the daughter of a Sayyid marries a Shaykh boy; it will not
be said that she did not marry someone who is of her family relations.
Instead, it will also be regarded as if she has married one of her relatives.
2. In matters of lineage, the lineage of the father is considered and not the
mother. If the father is a Sayyid, the son is also a Sayyid; and if the father is

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a Shaykh, the son is also a Shaykh - irrespective of what the mother may be.
If a Sayyid marries a woman who is not a Sayyid, their son will be regarded
as a Sayyid. This son will be equal in status to all other Sayyids. Although
the son whose father and mother are both from a noble family is respected
more, according to the Shariah they will all be regarded as relatives or of
the same social standing.
3. The Moghuls and Pathans are regarded as one nation and are not of the
same class as that of the Sayyids and Shaykhs. If the daughter of a Sayyid or
Shaykh gets married with one of them, it will be said that she married
someone who is of a lower social standing than her.
Equality in being a Muslim
1. Equality in being a Muslim is only considered among the Moghuls,
Pathans, and other non-Arab nations. There is no consideration of this
among the Shaykhs, Sayyids, 'Alawis, and Ansaris. A man who accepts
Islam and his father was a kâfir cannot be on par or equal to a woman who
is a Muslim and her father was also a Muslim. The man who is a Muslim,
his father is also a Muslim, but his grandfather was a kâfir; cannot be equal
to a woman whose grandfather was also a Muslim.
2. A man whose father and grandfather were Muslims, but his great
grandfather was a kâfir will be regarded as equal to a woman whose several
forefathers were Muslims. In short, this equality is only considered till the
grandfather. Equality beyond the grandfather, such as the great grandfather
and beyond him is not considered.
Equality in Piety
Equality in piety means that a man who does not follow the dictates of the
Sharî'ah - who is a wicked person, a scoundrel, an alcoholic, a shameless
person - will not be considered to be equal to a pious, chaste and religious
woman.
Equality in Wealth
Equality in wealth means that a person who is an absolute pauper cannot be
compatible to a rich woman. If the man is not an absolute pauper, but is
capable of giving that amount of mahr that is normally given on the first

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night228
and is also capable of giving her maintenance, then he will be
regarded to be equal to her in status even if he is unable to give the entire
amount of mahr. It is not necessary for the man to be in exactly the same
financial position as that of the woman. Nor is it necessary for him to be
close to that financial position.
Equality in Occupation
1. Equality in occupation is that, e.g. weavers are not regarded as equal to
tailors and are accorded a status that is lower than that of tailors. Similarly,
barbers, washermen, etc. are not regarded as being equal to tailors, but are
regarded as being lower than tailors.
2. A mad, lunatic person cannot be equal to an intelligent, understanding
woman.
Mahr - Dowry
1. Once a nikâh is performed, it will be valid irrespective of whether
mention of any mahr was made or not. Despite it being valid, one will have
to give the mahr. In fact, if a person makes the condition that he will not
give any mahr and that he is marrying the woman without any mahr, he
will still have to give the mahr.
2. The minimum mahr is 10 dirhams229 and there is no limit to the
maximum amount of mahr. The woman can stipulate as much as she
wishes. However, it is not good to stipulate a very high figure. If a person
gives an amount less than 10 dirhams or its equivalent, he will have to give
the balance as well because mahr cannot be an amount less than the
minimum. If the husband divorces his wife (in this case) even before she
can come and live with him, he will have to give half of the minimum.
3. A person stipulated R20, R100, R1000, or any other amount according to
his financial position. The woman thereafter came and lived with him. He
also had sexual intercourse with this wife of his. Alternately, he did not
have intercourse with her, but he and his wife were able to meet in privacy
228
This means that having some future financial stability is not a prerequisite. However, it is a
prerequisite for the man to be able to maintain his wife.
229
One dirham equals 3.06 grams of silver which equals 0.1 troy ounce of silver. Thus, 10
dirhams equal 1 troy ounce of silver.

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where no one or nothing stopped them or prevented them from engaging in
sexual intercourse. In both these cases, it will be wajib on the person to
fulfil the full amount of the stipulated mahr. If none of the above transpired
between them, and one of them passed away, it will still be wajib to fulfil
the entire mahr. Furthermore, if none of the above transpired between them,
and the man divorced her, it will be wajib on him to fulfil half the stipulated
mahr.
In short, if the husband and wife meet in privacy, as mentioned above or
one of them passes away, the entire mahr becomes wajib. And if the
husband divorces her prior to them being in privacy and seclusion, it will be
wâjib to fulfil half the stipulated mahr.
4. If one of them was ill, keeping a fast of Ramadan, in the ihrâm of hajj,
the woman was in her hayd or there was someone who was peeping at them
or intruding on their privacy, and they met in private or seclusion in any of
the above situations, then this privacy or seclusion of their's is not
considered. If they meet each other in any of the above situations or
circumstances, the total amount of mahr will not become wajib. If the
husband divorces her, it will be her right to receive half the total mahr.
However, if the fast was not a fast of Ramadan, instead it was a qadâ,
nadhr, or nafl fast, and this was being kept by one of them, then in such a
case if they happened to meet in privacy and seclusion, the wife will have
the right of receiving the full amount of the mahr. It will be wajib on the
husband to fulfil the full amount.
5. The husband is impotent, however, both of them met in privacy and
seclusion. The wife will still receive the full mahr. Similarly, if the husband
is a hermaphrodite and they meet in privacy and seclusion and thereafter he
divorces her, she will receive the full mahr.
6. The husband and wife met in privacy and seclusion but the wife is so
young that she is incapable of sexual intercourse. Alternately, the husband
is so young that he is incapable of sexual intercourse. If they meet in
privacy and seclusion in such a case, the full mahr will not be wajib.
7. If no mention whatsoever of the mahr was made at the time of the nikâh,
or the nikâh was performed on the condition that the woman will not
receive any mahr, and thereafter one of them passed away or they met in
privacy - that is regarded as a valid privacy in the Sharî'ah - even then the
mahr will have to be fulfilled. However, in such a case, the mahrul mithl
will have to be paid.

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In the above case, if the husband divorced his wife prior to being in
seclusion with her, she will have no right to receive any mahr. Instead, she
will only receive a set of clothing. It is wajib on the man to give this to the
woman. He will be sinning if he does not do so.
8. When giving this set of clothing, only four items are wajib on the man: a
dress, a scarf, a pants, and a sheet which can cover her body from head to
toe. Apart from these items it is not wajib to give any other clothing.
9. The clothing that the man gives should be according to his financial
position. If the man is poor, he should give cotton clothing. If he is of a
middle class, he should give silk that is of an inferior quality. If he is very
rich, he should give silk clothing that is of a very high quality. However, it
should be borne in mind that in all these circumstances the clothing that is
given should not be more than half the mahrul mithl in value. At the same
time, it should not be less than 5 dirhams230 in value.
In other words, it is not wajib on the man to give clothing which is very
expensive and which exceeds half the mahrul mithl in value. However, it is
permissible for him to give clothing that is more than the stipulated amount
provided that he gives it happily and out of his own will.
10. At the time of the nikâh no mahr was stipulated. However, after the
nikâh, the husband and wife agreed upon a specific amount as mahr. In
such a case, mahrul mithl will not have to be given. Instead, the amount
that they had agreed upon will have to be given. But if the husband
divorced his wife prior to their meeting in privacy and seclusion, she will
not have any right of receiving any mahr. Instead, she will only receive the
clothing that had been mentioned previously.
11. A person stipulated R100, R1000 or any other amount according to his
financial position. Thereafter the husband decided to give more than the
original amount that was stipulated. This he did voluntarily and out of his
own good will. For example, the stipulated mahr was R100, but he decided
to give R150. Whatever additional amount he decides to give will now
become wâjib upon him. If he does not give it, he will be sinning. But if he
divorces her prior to meeting in privacy and seclusion, he will have to give
half of the original amount that was stipulated. The additional amount that
he had decided to give will not be calculated.
230 One dirham equals 3.06 grams of silver which equals 0.1 troy ounce of silver. Based on this,
5 dirhams equal half a troy ounce of silver.

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Similarly, if the wife happily and willingly reduces the amount of mahr, it
will be considered to be reduced. If she absolves him from paying the entire
amount, it will be absolved. Now she has no right to claim it.
12. If the husband pressurized her into reducing the mahr or instilled some
fear into her so that she reduces the mahr, then by her reducing or forgiving
her husband, it will not be considered to be forgiven. It will still be wajib
upon him to fulfil the mahr.
13. No cash, gold or silver was stipulated for the mahr. Instead, a small
village, a farm or some land was stipulated. This is permissible. The farm,
land, etc. that was stipulated will have to be given.
14. A horse, elephant or any other animal was stipulated as mahr. However,
a specific horse or a specific elephant was not stipulated. This is also
permissible. In such a case an average horse which is not too cheap nor too
expensive will have to be given. Alternatively, it's value in cash could be
given. However, if an animal was stipulated without specifying the type of
animal, this will not be valid. Mahrul mithl will have to be given.
15. A couple got married in an unlawful way and the husband and wife
were therefore made to separate. For example, they got married in secret
without the presence of two witnesses. Alternately, two witnesses were
present but they were deaf and were therefore unable to hear the words that
make a nikâh valid. Alternatively, a man had divorced his wife or he had
passed away. Prior to completing her iddah, the woman married another
man. Or some other form of unlawful marriage had taken place and the
husband and wife were therefore made to separate. However, in all these
cases, the man did not have any sexual intercourse with this woman. In
such a case, she will not receive any mahr. In fact, even if they met in
privacy and seclusion, she will still not be eligible to receive any mahr. But
if sexual intercourse had taken place, she will receive mahrul mithl.
However, if at the time of nikâh some mahr had been stipulated and this
mahr is less than the mahrul mithl, then she will receive the mahr that had
been stipulated at the time of the nikâh and not the mahrul mithl.
16. A person had sexual intercourse with a woman after mistaking her for
his wife. He will have to give her mahrul mithl as well, and this intercourse
with her will not be regarded as adultery (zinâ) nor will there be any sin. In
fact, if the woman falls pregnant, the lineage of the child will be in order. It
will not be tainted and it is not permissible to label the child as being
illegitimate. The moment the man realizes that this is not his wife, he

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should immediately separate himself from her and it will not be permissible
for him to continue with the intercourse. It is also wajib on this woman to
observe the iddah. It is not permissible for her to stay-31
with her husband.
or to engage in sexual intercourse with him. The rules related to iddah will
be mentioned in a later chapter - Inshâ' Allah.
17. If in a certain place or country, the norm is that the entire mahr must be
given on the first night, then the woman has the right to demand the mahr
on the first night. If she does not ask for it on the first night, she can ask for
it whenever she wishes and it will be wajib on the husband to give it to her.
He cannot delay in fulfilling the mahr.
18. The practice in India232 is that the paying and receiving of mahr is
undertaken after divorce or after death. When the woman is divorced, it is
only then that she claims her mahr. Alternatively, when the husband dies
and leaves behind some wealth, she takes her mahr from this left over
wealth of his. If the woman dies, her inheritors claim the mahr. As long as
the husband and wife are living together, no one pays the mahr nor does
she ask for it. In such a situation, the woman cannot demand the mahr
before divorce. However, it is wajib on the man to give an amount that is
normally given in that place on the first night. But if all these practices are
not found in any place, these rules will not apply.
19. If the husband does not give the amount of mahr that is normally given
beforehand, the wife has the right to refuse him to engage in sexual
intercourse with her until he pays that amount. If they engaged in
intercourse once, she still has the right of refusing him the next time or the
following time if he does not pay the mahr. If he wishes to take her to
another city or country, she has the right of not going unless her mahr is
paid. Similarly, if the mahr is not paid and the woman wishes to travel to
another city or country, or wishes to go to her parents home, and there is a
mahram who can take her, then the husband does not have the right to stop
her. But once he pays the mahr, she does not have the right to do any of
these things without her husband's permission. It is not permissible for her
to go anywhere without his consent. As for the husband, he can take her
wherever he wishes. 233
It is not permissible for her to refuse him.
231
Staying with the husband refers to being in privacy with him or kissing and cuddling him.
2.32
In South Africa, the mahr is generally paid immediately and not after the death of the
husband nor after any divorce.
2.3.3
Provided the place where he wishes to take her is a permissible place and not a place of evil
and vice.

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20. The husband gave some item (or cash, gold, silver, etc.) to his wife with
the intention that it is mahr. Whatever he gives will be regarded as part of
the mahr. It is not necessary for him to inform his wife at the time of giving
it to her that he is giving her mahr.
21. The man gave an item to his wife. She claims that the item was given as
a gift and not as mahr while the man claims that he gave it as mahr. In this
case, the husband's claim will be considered. However, if the item was such
that it is consumed as food or drink, it will not be considered to be mahr
and the husband's claim will not be considered.
Mahrul Mithl
1. Family mahr or mahrul mithl is determined in the following way: look at
any woman in the girl's father's family who is similar or equal to this girl.
That is, if the girl is young, the woman must also be young at the time of
marriage. If the woman is beautiful, this girl must also be beautiful. If the
woman's marriage had taken place when she was a virgin, this girl's
marriage must also take place while she is a virgin. The wealth that this girl
possesses at the time of her nikâh, that woman also had possessed the same
at the time of her nikâh. The place or locality from which this girl is, that
woman must also be from the same place. If this girl is religious-minded,
intelligent, well-mannered and educated, that woman must also be the
same. In short, this girl whose nikâh is being performed now, must also
possess the qualities that that woman possessed at the time of her nikâh,. If
they share the same qualities, then the mahr that was stipulated for that
woman will be the mahrul mithl for this girl.
2. Women of the girl's father's family refer to the girl's sisters, paternal
aunts, cousins (children of paternal uncles), etc. In other words, girls or
women who are connected to her paternal grandmother. When determining
the mahrul mithl, the mahr of the mother is not considered. However, if her
mother is also of the same family as that of her father's, e.g. if her father
marries his cousin (paternal uncle's daughter), then the mother's mahr will
also be regarded as mahrul mithl.
The Marriages of the Kuffar
1. The different forms of marriage in the different religions are recognized
in the Sharî'ah. If both, husband and wife, accept Islam, there is no need to

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repeat their nikâh. The nikâh that they had performed as kuffâr will still be
valid.
2. If the husband or the wife accepts Islam and the other partner does not
accept, their nikâh will be annulled. It will not be permissible for them to
live as husband and wife.
3. If the wife accepts Islam and not the husband, then as long as the wife
does not complete three hayd periods234, it will not be permissible for her to
marry another person.
Equality among Wives
1. If a person has more than one wife it is wajib upon him to treat each one
equally. Whatever he gives to one wife, the other wife also has the right to
claim something equal to that in value. This rule of equality applies to all
types of wives, i.e. whether both were virgins at the time of marriage, both
were previously married or one was a virgin at the time of marriage while
the other had been previously married. If he spends one night with one
wife, he will have to spend one night with the other wife as well. If he
spends two or three nights with one wife, he will have to do the same with
the other wife as well. Whatever wealth, jewellery, clothes, etc. he gives to
one wife, the other wife also has the right to claim something equal to that
in value.
2. If a person marries a second woman, the rights of this new wife and the
rights of the old wife are the same. There is no difference in rights between
the two.
3. Equality is based on spending the night and it is not necessary to spend
an equal time with them during the day. If a person spends more time with
one wife during the day and less time with the other, there is no harm in
this. However, it is wajib to spend an equal time with them at night. If a
person goes to one wife immediately after maghrib, and the following day
he goes to the other wife after 'ishâ, he will be sinning. However, if a
person's occupation is such that he works at night and remains at home
during the day; for him, the basis of equality will be the day. For example, a
night watchman or guard will have to base his equality with his wives
according to the day and not the night.
234
If the woman does not experience any hayd due to old age or due to being very young, it
will be necessary for her to wait for three months. If she is pregnant, she will have to wait until she
delivers the child.

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4. There is no equality in engaging in sexual intercourse in the sense that if
a person engages in sexual intercourse with one wife, it is not necessary for
him to engage in sexual intercourse with the other wife as well.
5. The man has to maintain equality in allocating nights to his wives
irrespective of whether he is ill or not.
6. There is no sin in loving one wife more than the other because these
matters are connected to the heart and one does not have any control over
one's heart.
7. Equality is not wâjib when embarking on a journey. The husband can
take whichever wife he wishes. However, it is preferable to cast a lot and to
take the wife in whose favour the lot was drawn. In this way there will be
no unhappiness or disgruntlement.
Breast-feeding
1. When a child is born, it is wajib on the mother to breast-feed the child.
However, if the father is rich and a wet nurse can be obtained, there is no
sin on the mother if she does not breast-feed the child.
2. It is not permissible to breast-feed someone else's child without the
permission of the husband. However, if the child is extremely hungry and
there is a fear that if it is not fed it will die, then in such a case she can feed
the child without seeking the permission of her husband.
3. The maximum period of breast-feeding is two years. It is harâm to feed a
child beyond two years.
4. If the child has commenced eating solids and because of this the woman
stopped breast-feeding the child before the expiry of two years, there is no
harm in this.
5. When a child drinks the milk of another woman, that woman becomes
the mother of this child. The husband of that woman becomes this child's
father. The children of this woman are regarded as foster brothers and foster
sisters of this child and nikâh between them is now harâm. All the relations
that become haram through lineage (blood relations) become harâm
through this foster relationship as well. According to the majority of the
'ulamâ, this rule will only apply if the child drinks the milk within the age
of two years. If a child drinks the milk of another woman after the age of
two, this will not be considered. This woman will not be regarded as the
child's mother nor will her children be regarded as the child's brothers and

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sisters. Therefore, if they happen to marry, their nikâh will be valid.
However, Imam Abû Hanîfah rahmatullâhi 'alayh says that even if a child
drinks the milk of another woman within two and a half years, the nikâh
will still not be valid. But if the child drinks the milk after the age of two
and a half, there is no way that it will be considered. In this case, all the
'ulamâ agree that the nikâh will be valid.
6. The moment the milk goes down the throat of the child, all relations
which we had mentioned above will become harâm for that child. This is
irrespective of whether very little milk went down or a lot of milk went
down its throat.
7. If the child did not drink the milk directly from the woman's breast, and
instead, she emitted some of her milk and fed it to the child, even then all
those relations will become haram for that child. Similarly, if some milk is
poured into the child's nose, all those relations mentioned will become
harâm. But if some milk is poured into the ears, it will not be considered.
8. If the milk of a woman is mixed with water, medicine or any other
substance and given to a child, we will have to check whether the milk is
more, the other substance is more, or both are equal. If the milk is more
than or equal to the other substance, then the woman to whom the milk
belongs will become the child's mother and all relations will become haram
for that child. But if the water, medicine, etc. is more than the milk; it will
not be considered and the woman will not be regarded as the child's mother.
9. The milk of a woman was mixed with cow's or goat's milk and the child
drank this milk. Check which is more. If the woman's milk is equal to or
more than the other milk, all relations will become haram for that child and
this child will be regarded as the offspring of the woman to whom the milk
belongs. But if the cow's or goat's milk is more, it will not be considered
and it will be regarded as if the child did not even drink the woman's milk.
10. If a virgin girl235 happens to get milk and a child happens to drink it, all
relations will become harâm for this child.
11. The milk of a dead woman was taken out and given to a child to drink.
Even then, all relations will become harâm for this child.
12. Two children drank milk from the same cow or goat. In doing so, no
relations become harâm, nor are they regarded as brother and sister.
235 This refers to a girl who is nine years and older. If she is under the age of nine, it will not be
considered and if a child happens to drink this milk no relations will become harâm.

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13. A young man drank the milk of his wife. She does not become harâm
on him, however, he has committed a major sin because it is harâm to drink
breast-milk after the age of two.
14. There is a boy and a girl. Both of them drank the milk of the same
woman. Now, they cannot marry each other irrespective of whether they
were fed the milk at the same time or one was fed now and the other was
fed after several years. The same rule will apply in both cases.
15. A girl drank the milk of Bâqir's (name of a person used as an example)
wife. This girl cannot marry Baqir, his father, his grandfather nor other
ascendants. Furthermore, she cannot even marry Bâqir's children. In fact,
she cannot marry the children of Baqir which are from his other wife.
16. Abbas drank the milk of Khadijah. Khadijah's husband, Qâdir, had
another wife by the name of Zaynab whom he had already divorced. In
such a case, even Zaynab cannot marry Abbas. This is because Abbas is
regarded as a child of Zaynab's husband and we know that nikâh with the
husband's children is not permissible. Similarly, if Abbas divorces his wife,
then this wife of his cannot marry Qadir because he is now regarded as her
father-in-law. Furthermore, Abbas cannot marry Qâdir's sister because she
is regarded as his paternal aunt, and he, her nephew. This is irrespective of
whether she is Qadir's blood sister or his foster sister. The same rule will
apply in both cases. However, Qâdir can marry 'Abbas's sister.
17. 'Abbâs has a sister by the name of Sajidah. Sajidah drank the milk of a
particular woman, but 'Abbâs did not drink. In such a case, 'Abbâs can
marry this woman.
18. 'Abbas's son drank the milk of Zahidah. It will be permissible for
‘Abbâs to marry Zâhidah.
19. Qâdir and Dhâkir are two brothers. Dhâkir has a foster sister. This sister
can marry Qâdir but not Dhâkir. Understand all this very well because
masâ'il of this nature are difficult to understand. We have therefore not
gone into details. Whenever the need arises, consult a learned, intelligent
‘âlim.
20. A man proposed to or married a particular woman. Thereafter, a woman
came and said that she had breast-fed both of them. Apart from this woman,
no one else claims or bears testimony that she had in fact breast-fed this
couple. In such a case, any foster relationship between this couple cannot
be established merely on the allegation of this one woman. The nikâh of the
couple will be valid. However, if two reliable and pious men or one

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reliable, pious man and two women bear testimony that this woman had in
fact breast-fed this couple, only then will their foster relationship be
established. Their nikâh will now be harâm. Without such a testimony,
their foster relationship will not be established.
However, if only one man, only one woman or several women only bear
testimony to this fact and one feels in one's heart that these people are
speaking the truth, then in such a case they should not marry each other
because there is no benefit in falling into unnecessary doubt. But if the
nikâh is already performed, it will be valid.
21. It is not permissible to add a woman's milk into any medicine. If this is
done, it will be harâm and it is not permissible to consume it or apply it.
Similarly, it is not permissible to apply breast-milk in the eyes or ears as a
form of medication. In short, it is not permissible to take any benefit from
the milk of humans or to use it for one's personal purposes.
TALÂQ - DIVORCE
1. If a husband who is mature, not a lunatic nor a mad person divorces his
wife, the divorce will come into effect. As for the husband who is not
mature, who is not in his senses, or is mad, by his divorcing his wife, the
divorce will not come into effect.
2. A sleeping person uttered the following words: "You are divorced" or he
said: "I divorce my wife." On uttering these words, divorce does not come
into effect.
3. A person compelled another person to divorce his wife. He beat him and
threatened him that if he does not divorce his wife, he will kill him.
Because of this compulsion, the person divorced his wife. Even then
divorce will take place.
4. A person was under the influence of alcohol or any other intoxicant and
divorced his wife. When he came to his senses, he regretted this action of
his. Even then divorce will take place. Similarly, talâq given in anger also
causes divorce to take place.
5. Apart from the husband, no one has the right to divorce a woman.
However, if the husband orders someone to divorce his (the husband's)
wife, this person can divorce her.

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Divorcing a Person
1. Only the man has the right to divorce. Once the man divorces his wife,
the divorce comes into effect. The woman has no choice in this irrespective
of whether she accepts the divorce or not. In all cases, the divorce comes
into effect. The wife cannot divorce her husband.
2. The man has the right of issuing three talaqs only, and not more. If he
issues four or five talâqs even then only three will be considered.
3. Once the man utters: "I divorce my wife", and utters these words in such
a tone that he himself can hear these words, divorce comes into effect. This
is irrespective of whether he uttered them in private or in public, and
whether his wife heard him uttering these words or not. In all cases, divorce
takes place.
4. Divorce is of three types:
The First Type: Is that the nikâh is completely annulled and it is not
permissible to live with the man without renewing the nikâh. If the woman
wishes to stay with this man again, and the man also agrees to keep her,
they will have to have their nikâh performed again. Such a talâq is known
as talâqul bâ'in.
The Second Type: Is that if the husband and wife wish to remarry, then
after completing the 'iddah for the first divorce, she will have to marry
another person. When he divorces her, she will have to complete the 'iddah
for this second divorce. Only then will it be permissible for her to remarry
her first husband. Such a talâq is known as talâqul mughallazah.
The Third Type: Is that the nikâh has not broken as yet. If the husband
divorces his wife by uttering the words of divorce one or two times and
thereafter regrets his action, it will not be necessary to renew this nikâh. He
can live with this wife without performing another nikâh and it will be
permissible for them to live as a normal couple. However, if the man
divorced her and maintained this divorce of his, i.e. he did not regret his
action nor did he decide to continue living with his wife, then the moment
the 'iddah of talaq expires, the nikâh will break and the woman will be
separated from her husband. As long as the 'iddali does not expire, the man
has the choice of either keeping his wife or not keeping her. Such a talâq is

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known as talâqur raj'î. It should be borne in mind that if the husband issues
three talaqs, he will not have the choice of keeping his wife.
5. There are two ways in pronouncing or issuing the talaq.
The First Way: Is that the husband clearly utters: "I divorce you" or "I
divorce my wife." In other words, he issues the divorce in such clear words
that there is no possibility of taking any other meaning from these words.
Such a divorce is known as talâq-e-sarîh.
The Second Way: Is that the husband does not utter the words of divorce
clearly. Instead, he speaks in very vague terms from which divorce could be
deduced and from which some other meaning could also be taken, e.g. the
person says: "I have distanced you from me." From this, it could be
deduced that he said: "I divorce you" or "I have not divorced you, but I will
not keep you with me. Remain with your parents. I will not even bother
about you."
Alternatively, he could have said: "I will have no contact with you." "I have
no need for you." "You have been separated from me." "I have separated
you from me." "I have separated you from my house, go away." "Get out."
"Go far from here." "Go away to your parents." "Go away to your house."
"I will not accommodate you any longer."
Uttering any of the above words or other words similar to these, in which
there is the possibility of several meanings is known as talâq-e-kinâyah.
6. If the divorce is issued in clear terms, divorce will take place the moment
the words are uttered. This is irrespective of whether one had the intention
of divorcing his wife or not, or whether he issued the divorce jokingly.
When a divorce is issued in clear terms, the third type of divorce will take
place. That is, the husband has the choice of keeping or divorcing his wife
until just before the expiry of her 'iddah. By uttering the divorce once, only
one divorce will come into effect - not two nor three. However, if he utters
the divorce three times, or says: "I give you three talaqs", three talaqs will
take place.
7. A person issued one divorce. As long as the wife is in her 'iddah, he has
the right to issue her a second or a third divorce. If he issues a second or
third divorce, it will be valid and come into effect.
8. A person says: "I will divorce you." Divorce will not take place.
Similarly, if he says: "If you carry out a particular action, I will divorce
you." Divorce will not take place irrespective of whether she carries out the
action or not. However, if the person says: "If you carry out a particular

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action, you are divorced", then once she carries out the action, divorce will
take place.
9. A person uttered the divorce and at the same time said: "'Insha' Allah".
Divorce will not take place. Similarly, if he says: "If Allah wills, I divorce
you" divorce will not take place. However, if the person uttered the divorce,
waited for a while and thereafter said "'Insha' Allah"; divorce takes place.
10. A person called his wife and addressed her as a "divorcee". Divorce will
take place even if he says this jokingly.236
11. A person says: "When you go to Lucknow (or any other place which he
mentions), you are divorced." As long as she does not go to Lucknow,
divorce will not take place. Once she goes there, divorce will take place.
12. The person did not clearly state the words of divorce. Instead, he issued
the divorce in vague words and terms. If at the time of uttering these words,
he had the intention of issuing divorce, divorce will take place. In such a
case, the first type of divorce will take place, i.e. talâqul bâ'in. Now it will
not be permissible for him to keep his wife without renewing the nikâh. If
the person did not utter these words with the intention of talâq and instead
had some other meaning in mind, talâq will not take place. However, if it is
learnt through some evidence or indication that he had in fact intended
divorcing her and that he is lying, then in such a case the woman should not
live with him and she should regard it as if she has been divorced. For
example, the wife comes angrily to her husband and says: "I cannot live
with you any more. Divorce me!" And the husband replies: "Okay, I leave
you." In such a case, the woman must consider this to be a divorce.
13. A person says: "I divorce you, I divorce you, I divorce you." Three
divorces will take place. Alternatively, he divorces her three times, but in
very vague terms. Even then, three divorces will take place. However, if the
person had only intended one divorce but had uttered it three times in order
to emphasize his point, only one divorce will take place. However, the
woman does not know his intention. She should therefore regard it as three
divorces.
236
This is on the condition that this is a second marriage of this woman and that her previous
husband had not divorced her. If the first husband had divorced her and the second husband
addresses her as a "divorcee" because of this (and he says that he addressed her as a "divorcee"
only because she had been divorced previously) and not with the intention of divorcing her, then
this will be accepted from him and divorce will not take place.

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Divorce prior to the bride's departure from her parent's.
Before the bride could even go to her husband's home, he divorced her.
Alternatively, she went to her husband's home but they did not meet in
privacy or seclusion which could be considered to be valid in the Sharî'ah.
This privacy or seclusion was explained in the chapter on mahr. Before
they could meet in privacy and seclusion, the husband divorced her. In such
circumstances, talâqul bâ'in will take place irrespective of whether the
divorce was uttered in clear words or in vague terms. When such a woman
is divorced, talâqul bâ'in will take place and she does not have to complete
any 'iddah. Immediately after being divorced, she can marry another
person. Furthermore, after issuing one divorce to such a woman, the man
does not have the right or choice of giving a second or third divorce. If he
does so, it will not apply. However, if in the first time, he says: "I give you
two divorces, or, three divorces", two or three divorces will take place. If he
says: "I divorce you, divorce you, divorce you", even then one divorce will
take place with regard to such a woman.
Divorce after the bride's departure from her parent's home
After the bride's departure from her parents' home, the bride and
bridegroom met in privacy and also engaged in sexual intercourse.
Thereafter, if the husband issues one or two divorces in clear terms, talâqur
raj'î will take place. If he utters the divorce in vague terms, talâqul bâ'in
will take place. In talâqur raj'î he will have the choice of going back to his
wife, while in talâqul bâ'in he will not have the choice. However, if he did
not issue three divorces, they can re-marry within her 'iddah (if both of
them wish to remarry) and after the expiry of the 'iddah as well. But if she
wishes to marry another person, she can do so only after the expiry of her
'iddah. But it should be borne in mind that the 'iddah is necessary in all
forms of divorce. As long as the 'iddah has not expired, a second or third
divorce can also be issued.
The bride and bride groom met in privacy and there was nothing to stop
them from engaging in sexual intercourse (i.e. nothing from the Sharî'ah
point of view, or from a physical aspect). Despite this, they did not engage
in sexual intercourse. In such a case, if the husband divorces his wife,
talâqul bâ'in will take place irrespective of whether the divorce is uttered in

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clear terms or in vague terms. The 'iddah will also be wajib on the woman,
he will not have the right of taking her back, and she cannot marry another
person without completing her 'iddah. However, she can marry the husband
who divorced her within the 'iddah or even after the expiry of the 'iddah.
The only condition is that three divorces must not be issued.
Issuing Three Talâqs
1. If a man issues three divorces to his wife, she becomes completely
harâm for him. Even if they renew their nikâh, it will be harâm for this
woman to live with him. This nikâh will not be valid irrespective of
whether the three divorces were issued in clear terms or in vague terms. If a
woman who has been issued three divorces wishes to live with her first
husband and wishes to remarry him, there is only one way in doing this.
That is, she will have to marry another person, engage in sexual intercourse
with him, and when he dies or divorces her, she must complete her 'iddah.
Upon completing her 'iddah, she can remarry her first husband. Without
marrying a second person, she cannot remarry her first husband. If she
marries a second person, but he passed away before he could engage in
sexual intercourse with her or divorced her before engaging in sexual
intercourse with her, then this will not be considered. She can only marry
her first husband when her second husband has intercourse with her.
Without this intercourse, she cannot remarry her first husband. Understand
this well.
2. There are different ways in issuing three divorces. One is that the person
issues them at one time, e.g. he says: "I give you three divorces" or "I
divorce you, I divorce you, I divorce you." The second way of issuing three
divorces is to issue them over a period of time, e.g. he issues one today,
another one tomorrow, and the third one the day after tomorrow.
Alternatively, he issues one divorce this month, another the following
month, and a third divorce in the following month. However, all these are
issued within her 'iddah. The same rule will apply to all the different forms
of issuing the talâq. The right or choice to keep one's wife only remains
when a person issues one or two divorces in clear terms and not three. Once
he issues three, he has no choice or right to keep his wife.
3. A person issued a talâqur raj'î to his wife. Thereafter he decided to keep
his wife. After a few years he became angry over some matter and therefore

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issued another talâqur raj'î (in which he has the right of keeping his wife).
When his anger subsided, he decided to keep his wife and did not let her
go. These divorces that he issued will be counted as two divorces. If, at
some time or the other, he issues one more divorce, it will total three
divorces. Once this occurs, the rules that have been mentioned in mas'ala
number one will apply over here as well. That is, she cannot remarry this
husband of hers unless she marries another person first.
Similarly, if a person issues a talâqul bâ'in (in which he does not have the
right to keep his wife), the marriage will be annulled. Thereafter, he
regretted his action and both of them decided to remarry. After some time,
he became angry with her again and issued a talâqul bâ'in. After his anger
subsided, he remarried her. He thus issued two divorces. If he issues one
more divorce, the rule mentioned in mas'ala number one will apply. That
is, he cannot remarry her unless she marries another person first.
4. If the woman marries another person on the condition that he would
divorce her after engaging in sexual intercourse with her, this person is not
bound to fulfil this condition. He can divorce her if he wishes or keep her if
he wishes. Furthermore, he can divorce her whenever he wishes - he is not
bound by any time limit. It should be borne in mind that it is a major sin
and harâm to marry on such a condition or promise. One is cursed by Allah
Ta'âlâ. However, despite this, the nikâh will be valid. If such a nikâh takes
place, the second husband has intercourse with her, and thereafter passes
away or divorces her, it will be permissible for her to remarry her first
husband.
Conditional Divorce
1. Prior to marrying a woman, a person said: "If I marry you, you are
divorced." If the person happens to marry this woman, one talâqul bâ'in
will take place the moment the nikâh is performed. Now, he cannot keep
her without remarrying her. If he said: "If I marry you, you are divorced
two times", two talaqul bâ'in will take place. If he issued three divorces,
three will take place and it will be talaqul mughallazah.
2. A person made the condition of divorce prior to marriage. The moment
the nikâh was performed, divorce took place. He then remarried the same
woman. By remarrying her, another divorce will not take place. However, if
the person made the condition in the following way: "Each time that I