Nikaah & Marriage Issues

Father in-law taking away the mahr

Q: I am asking this question on behalf of my sister. She got married from two years now and alhamdulillah she is blessed with a girl baby. The problem is she was given 110 ounce of gold as maher. Her father in law is a bad person who has even tried to break their relationship for his personal intrest. In fact he has ego problem. Now he is holding the maher and says its given from my earnings not his sons. My brother in law is now trying to move from house but his father is not helping him financially though he is rich. Kindly let me know what is the status of maher in this situation. 

Having relations with one's wife on the following nights

Q: I recently have received the information below, and I wanted to enquire about its authenticity. 

The author of IHYA states:- It is Makrooh to indulge in sex during three nights of each month; the first, the last and fifteenth. It is said that Shaitaan is on the prowl on these nights. The undesirability of sex on these nights is narrated from Hazrat Ali, Hazrat Mulawiya and Hazrat Abu Huraiah (Radiyallahu-Anhum). 

The author of RIFAATUL-MUSLIMEEN states that in addition to the above; Wednesday nights and the nights of the two Eids must also be avoided. Also the night where after a person intends to go on a journey on the next day should be avoided. Intercourse on these nights may have an undesirable effect on the off-spring.

It is reported in TIBBE-NABAWI that  Rasulullah (Sallallahu-Alayhi-Wasallam) advised Hazrat Ali (Radiyallahu-Anhum) not to cohabit on the fifteenth night as the shayateen appear in large number on this night. 

In a footnote of SHAMAIL-TIRMIZI it is stated that if the child is conceived during salah times (When the salah is neglected), the result will be a disobedient child.

Marrying my cousin

Q: I am engaged to the daughter of the sister of my father. In my child hood, mother of my father used to put her breast nipple in my mouth, whenever I cried. She was old then and had no milk in her breast. What I want to ask is it halal to marry with my cousin now?

Pocket and grocery money for the wife

Q: A Molisab recently said in a bayan:

"The Islamic method of giving money to one's spouse (wife) is as follows; you should give her household shopping money so that she can buy food and other such things for the family (the husband and children). As regards to this 'shopping money' you are allowed to ask her to show you how she spent the money and she is not allowed to give sadaqa, etc from that money without your permission.

In addition to that you have to give her regular 'spending/pocket money' for her services to you as she can't go out to earn herself (as she is busy serving you and the children). As regards to this 'pocket money' after you give it to her it becomes her 'mi-lk' (possession) and therefore you can't ask her how she spent the money or who she spent it on, etc. If she wishes she can give it all to her parents and you have to right to ask or demand that she stops giving to her parents, etc.

The wife should also save up the 'pocket money' and give her zakat , go for hajj and perform other obligations with this money instead of paying zakat, etc from the husbands money "

Mufti saheb my question is - Is this statement of the Molisab correct?

Husband making demands that are not part of the duties of marriage

Q: A young girl has married over a year ago into a united family of five members comprising of her husband, his father, mother, younger brother (unmarried) and younger sister (already married). The husband’s demand over his wife is that she become part of and fully blend with his family in order to make him happy. His demand is that he will and can only be happy with her if his family is happy with her. The wife, whilst making some attempts to do so, has been having difficulty with and also occasionally unwilling to agree fully to keeping to the terms of his demand while also having to take care of a six month old baby.

Can this demand of the husband upon his wife be an acceptable and justifiable cause for his marriage to weaken or break up as he has threatened to do so on occasions?

Nikaah without witnesses

Q: I am writing this email because someone known to me is facing a strange situation and have insisted me to ask you this question. He is already married but have contracted nikah with someone else as well. However, when he committed the second lady about nikah, there wasn't any witness to that. Soon after that promise (or whatever you call it) the lady called her father and told about it. Father called the person and showed his agreement to her daughter's decision. Then they publicized this agreement to their family members. The first wife of the person called the lady and discussed various matters about her husband's marriage with the lady. Subsequently, the first wife announced that in their family. everyone accepted this decision. However, till date no formal document has been signed.

Now a million dollar question is about validity of this nikah. Please comment in the light of Quran and Sunnah.

Witnesses for the nikaah

Q: My father in law asked his daughter in front of myself and my two uncles whether she agreed to marry my brother. She allegedly replied 'yes.' My wife seen her sister nod her approval. My two uncles both heard the reply but I neither heard the question nor the reply because it was done in such a soft tone. Subsequently, in my presence and my brother in laws presence she was asked again to clarify. This time I heard the reply. My question is that tomorrow at the Musjid my uncle and I are witnesses to this marriage on the documentation that the girl signed. My uncle and I will also have to sign the same or another document.

  1. Will the marriage be valid based on the fact that, when asked by the Imam, both witnesses on the documentation, my uncle and I did not both hear the girl say yes at the same time, i.e. I heard her say yes about half hour later, when the girl was asked again.
  2. Is it permissible for me to sign the document saying I was a witness and say so when asked by the imam.