إجازة الشيخ أحمد بن محمد بن أحمد لبن بقراءة الإمام عاصم

موضوع: Pre-Islamic Marriages الخميس 20 يوليو 2017, 11:36 am

Pre-Islamic Marriages
There is no question that Islam affirms the marriages that took place outside of Islam or before a person embraced Islam. The evidence for this is numerous.

For example, in Soorah al-Masad, Allah refers to the wife of Abu Lahab, the Prophet’s uncle who vigorously opposed him, as well as to the wife of the Pharaoh. Numerous Companions of the Prophet (peace and blessings of Allah be upon him) were born before the advent of Islam and they were considered legitimate children of their parents. Indeed, the Prophet (peace and blessings of Allah be upon him) never ordered married Companions to remarry within Islam. In fact, the Prophet (peace and blessings of Allah be upon him) did not even ask them about the circumstances of their marriage contract, such as whether there were witnesses and so forth.

However, those relationships that were considered illegitimate by a convert's previous religion or law are also considered illegitimate in Islam. Thus, for example, one’s illegitimate child before embracing Islam remains illegitimate after one's embracing of Islam. On the other hand, any children born via a legitimate pre-Islamic marriage will be considered legitimate children and continue to be the children of the Muslim convert.

One exception to this general principle of affirming pre-Islamic marriages is where the husband and wife are within the prohibited degrees of marriage. Thus, for example, in ancient Persia, brothers and sisters could marry one another. Such a marriage would be considered void as soon as either of the couple embraced Islam. Furthermore, in a polygynous situation, if a man is married to more than four wives, upon embracing Islam he must separate from some of them and may have, at the most, only four wives.

Some other important issues related to conversion to Islam must be touched upon. If a husband and a wife both embrace Islam at approximately the same time, then their marriage remains in tact and there is no need for them to take any further steps. If a man who is married to either a Christian or Jewish woman embraces Islam, the marriage also remains in tact and there is also no need for any further steps. Those cases are clear and non-problematic. The problematic cases are: (1) a male convert married to a woman who is not Christian, Jewish or accepting of Islam; (2) a female convert married to a non-Muslim husband.

The pertinent verses of the Quran related to these issues are as follows:
Allah says,
“O you who believe! When believing women come to you as emigrants, examine them, Allah knows best as to their faith. Then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them” (60:10).

Allah also says,
“And do not marry polytheistic women till they believe (and worship Allah Alone). And indeed a slave woman who believes is better than a (free) polytheistic woman, even though she pleases you. And give not (your daughters) in marriage to polytheistic men till they believe (in Allah Alone) and verily, a believing slave is better than a (free) polytheistic man, even though he pleases you. Those [polytheists] invite you to the Fire, but Allah invites (you) to Paradise and Forgiveness by His Leave, and makes His signs clear to mankind that they may remember” (2:221).

According to ibn al-Qayyim, when a woman married to a non-Muslim converts to Islam, the marriage becomes suspended and non-binding. In other words, she no longer is his wife in the sense of having marital relations or him being financially responsible for her. However, the woman is free to choose between ending the marriage (thereby being free to marry somebody else but only after her waiting period is finished) or suspending the marriage in the sense of waiting for her husband to embrace Islam. In the latter case, whenever the man embraces Islam, the woman automatically returns to him as a wife with no need for a new marriage contract, even if the husband's conversion took place many years after that of the wife.

The strongest evidence for this conclusion is the case of the Prophet’s own daughter, Zainab. She embraced Islam but her husband, Abu al-Aas ibn al-Rabee, refused to do so for many years. Then, finally, after six years, he came to Madinah and the Prophet (peace and blessings of Allah be upon him) reunited the couple without a new marriage contract or dower.

If a man embraces Islam and his wife is not a Muslim, Jew or Christian, then his retaining her as a wife will be harmful to her, as he will not be allowed to have marital relations with her or treat her as a full wife. Thus, in this case, the marriage comes to an end if the woman refuses to embrace Islam. Allah says, “Likewise hold not the disbelieving women as wives” (60:10).

Changing One’s Name Upon Becoming a Muslim
It has become common practice in some areas for converts to change their names upon becoming Muslims. Sometimes this is done so that the convert feels more attached and affiliated with the Muslim community. The obvious question that arises is: Is this changing of the name required, recommended or simply permissible? On this point, Abdul Azeez ibn Baaz stated in response to a question he had received,

I inform you that there is no evidence in Islamic Law that requires one whom Allah has guided to Islam to change his name to an Islamic name. [The exception is if] there is an Islamic reason that requires that. For example, if a person has a name implying the worship of someone other than Allah, such as “The Servant of Jesus” and so forth, or if the person has a name that is not good to have and there are better names than that, such as the name “Grievous” can be changed to “Mild.” Similar is the case with any other name that is not considered proper for one to be named.

However, it is obligatory to change the name that implies worshipping other than Allah. Concerning other [repugnant] names, then it is simply preferred and recommended to change such names. Included in this second category of names are those names that are well-known to be Christian names such that if one hears them he will think that the person must be a Christian. To change one’s name under those circumstances is good.

Bilal Philips has some further insight into this question:
New Muslims, unaware of the Islamic naming system , often adopt Arabic names in the chaotic European style... In fact, those of African descent often erase even their family names on the basis that these names are remnants from the days of slavery. That is, those of their ancestors who were slaves usually adopted the family name of their slave masters and it was the slave masters’ name which was handed down from generation to generation. Hence, an individual who may have been called Clive Baron Williams while his father’s name was George Herbert Williams may, upon entering Islaam, rename himself Faisal ‘Umar Nkruma Mahdi. However, his name according to the Islamic naming system should have been Faisal George Williams, that is, Faisal the son of George Williams. Whether “Williams” was the name of his ancestors’ plantation owner or not is of no consequence. Since his father’s name was George Williams, he is, according to the Islamic naming system, the son of George Williams…

The practice among new Muslims of deleting their family names has frequently created deep resentment among their non-Muslim families which could have been easily avoided if the Islamic naming system had been adopted. Actually, the new Muslim is under no obligation to change even his or her “Christian name” unless it contains an un-lslamic meaning. Thus, the given name Clive, which means cliff-dweller need not have been changed whereas “Dennis” (Fr. Denys), a variation of Dionysius which means He of Dionysus (the Greek god of wine and fertility who was worshipped with orgiastic rites), would have to be changed… However, it is perfectly acceptable for a Muslim, whether a recent convert or not, to change his or her first name. It was the Prophet’s practice to change peoples first names if they were too assuming, negative or un-lslamic.

One of the Prophet’s wives was originally named Barrah (pious) and he changed it to Zaynab as Allaah had said in the Qur’aan, “Do not claim piety for yourselves for He knows best who is God-fearing.”(53:32)… However, Allaah’s messenger never changed the names of people’s fathers, no matter how un-lslamic they may have been… Thus, it can be concluded that erasing one’s family name is against both the letter and the spirit of Islamic law. The father’s first and last name should be retained and if the father is unknown, the mother’s first and last name should follow the Muslim’s given or chosen name.

The Fruits of Becoming a Muslim
Earlier many of the important features of Islam were presented. Before concluding this chapter, the author would like to emphasize some of the important fruits that are bestowed upon a Muslim due to his conversion and following attachment to Islam.

It is important to note and appreciate that all of the benefits of Islam accrue to the human. It is solely for his own benefit that Allah has provided His guidance to humankind. Allah, Himself, is not in need of humankind’s worship. He is free of all needs but in His Mercy He has shown humankind the proper mode of behavior to meet His approval. Thus, He says, “Whoever goes right, then he goes right only for the benefit of his ownself. And whoever goes astray, then he goes astray to his own loss. No one laden with burdens can bear another's burden” (17:15). In addition, those who reject Islam are only harming themselves. Allah says, “Truly! Allah wrongs not mankind in aught; but mankind wrong themselves” (10:44).

(A) Knowing Allah, the individual’s God, Lord and Creator
The greatest benefit of becoming a Muslim and growing in Islam is that the individual is able to truly know Allah. The believer knows Allah not in some vague, dry, philosophical sense. Instead, for example, the believer knows Allah in detail via His Names and Attributes, the knowledge of which Allah has graciously provided in the Quran and Sunnah. Every one of Allah’s names should lead a person to greater love of Allah as well as greater fear of Him, accompanied by attempting to get closer to Him with those great attributes by performing righteous deeds.

Ibn Taimiyyah noted, “Whoever knows the names of Allah and their meanings, believing in them, will have a more complete faith than the one who does not know them but just believes in them in general.” Ibn Saadi also noted, “Whenever a person’s knowledge of Allah’s beautiful names and attributes increases, his faith also increases and his certainty is further strengthened.” If one has a good knowledge of Allah’s names and attributes, one will then have an opening to understanding what takes place in this creation. This fact was beautifully expressed by ibn al-Qayyim when he said, “Whoever knows Allah, knows everything other than Him. Whoever is ignorant of his Lord is even more ignorant of everything other than Him.”

Indeed, the effect of this knowledge should be so great that a true understanding of those names and living according to their implications should lead one directly to Allah’s pleasure and paradise. In fact, the Messenger of Allah (peace and blessings of Allah be upon him) clearly told this Muslim nation, “Allah has ninety-nine names, one hundred less one. Whoever memorized them all by heart will enter Paradise.”

The Prophet (peace and blessings of Allah be upon him) described the type of transformation that takes place when the individual really knows Allah and has thereby truly tasted the sweetness of faith. The Prophet (peace and blessings of Allah be upon him) said, “[There are] three characteristics that if a person has them, he has tasted the sweetness of faith: that Allah and His Messenger are more beloved to him than anything else; that he loves a person and he only loves him for the sake of Allah; and that he hates to return to unbelief in the same way that he hates to be thrown into the Fire.”

There is still another further very important and fascinating aspect. This is an aspect that some seem to overlook although Allah has mentioned it in various places in the Quran. This Islam engenders in the human a special type of relationship with his Creator and God. It is a relationship which, as Allah Himself describes it, leads the individual to be pleased with his Lord. In other words, the person develops an appreciation of Allah. Allah becomes dear to Him. The individual becomes pleased with Allah because he begins to understand the beauty, excellence and perfection of Allah and all that Allah wills. It becomes no longer a matter of submitting to the One who deserves such submission and obedience. It becomes a matter of appreciating who Allah is, what Allah has decreed, what Allah has commanded and what Allah will do to the humans.

The individual realizes that he can experience nothing but pleasure with Allah. Islam, thus, allows the person to truly understand and appreciate his Lord and Creator, such that he becomes very happy with his Lord, leading him in turn to want to become pleasing as well to his Lord.

Thus, Allah says, for example:
“And the first to embrace Islam of the Emigrants and the Helpers and also those who followed them exactly (in Faith). Allah is well-pleased with them as they are well-pleased with Him. He has prepared for them Gardens under which rivers flow (Paradise), to dwell therein forever. That is the supreme success” (9:100); Allah will say: ‘This is a Day on which the truthful will profit from their truth: theirs are Gardens under which rivers flow (in Paradise) - they shall abide therein forever. Allah is pleased with them and they with Him. That is the great success (Paradise)’” (5:119); (see also 58:22 and 98:8).