Q. I heard someone insisting that the sacrifice on the day of the Eid Al-Adha is obligatory for people of sufficient means. Is this true?

I.A. Muloor, Dammam

A. Whoever said this is mistaken. The sacrifice is obligatory only for people who are doing the pilgrimage in the tamattu’ or the qiran methods. Other pilgrims and Muslims generally are recommended to do the sacrifice, which means that it is a Sunnah. Not only so, but the Sunnah is deemed to have been fulfilled if one offers the sacrifice once in his lifetime. But if he does it every year, all the better. Since the sacrifice is meant to help the poor and to strengthen good relations with neighbors and relatives, it is a very beneficial act of worship. This is the reason why it is so popular in Muslim societies.

Playing With the Lives of Innocent Girls

Q. A married man got involved with a girl, promising to marry her, but giving the excuse that his first wife is holding firmly against such marriage. The girl yielded to his pressure, particularly when he told her that in front of God she is his wife. Still, time passes and no marriage contract is made. The girl later discovered that her relationship with him is sinful and this caused her much grief. The man is saying that he could marry her in secret but he does not want his first wife to know so that he can keep his family together. Please comment.

(Name and address withheld)

A. There is no relationship between man and woman that can be described as “marriage” in God’s sight when no marriage contract has been made in the presence of the woman’s father or guardian and a minimum of two witnesses. The man simply was lying to the girl in order to take advantage of her. The fact that she agreed and let their relationship develop in this way does not reduce her sin. This is an adulterous relationship that must be immediately terminated.

Many men who find themselves able to seduce girls in this way are reluctant to marry them. This is in the nature of their deception. From all the details you have given me, I can see how the man took advantage of the girl, playing on her ignorance. She and her family must take a firm stand with him, demanding that he marry her. If he refuses, they can resort to any measures to make him fulfill his promises. If the marriage is done in secret, this should only mean that his first wife does not know, but it should be a proper marriage with her father present as well as witnesses. And the marriage should be registered with the relevant government department.

The man is protesting that his first wife does not agree to his second marriage. Her agreement is not necessary from the Islamic point of view. God has given men the right to marry more than one wife, and every Muslim woman knows this. But this man is playing games. So he must be dealt with in a proper manner that stops him. He should be made to take the consequences of his actions.

The girl must also repent of her sin. She must make her repentance genuine, resolving that she would never commit the same sin again. This applies to the man as well. If their repentance is genuine and they seek God’s forgiveness, He may accept their repentance, if He so pleases.

The girl and her family should also consider if they really want her to be the wife of such a man. It may be that the marriage will normalize a bad situation, but it could lead to much unhappiness. Besides, the man is an adulterer, and as such he is not fit to marry a Muslim woman.

Unpaid Debt and Interest

Q. A man paid his landlord a large deposit as per the lease agreement of the latter’s flat. At the end of the agreement, the landlord did not return the deposit because he was in financial difficulty. The tenant obtained a court judgment requiring the landlord to return the deposit, but he has so far failed to do so. The tenant has remained in the flat despite the expiry of his tenancy, waiting for the repayment of his money. He has been told that by remaining in the flat without paying rent he is actually taking usury. Is this correct? What should he do?

A. Ali

A. The landlord is at fault for spending the deposit he was given, knowing that it is a returnable deposit. But since he is in financial difficulty, he should be helped by allowing him time for repayment. God says in the Qur’an: “If (the debtor) is in straitened circumstances, grant him a delay until a time of ease.” (2: 280) However, it could be thought that he is unlikely to be able to repay in the near future. Hence, it is acceptable for the tenant to make alternative arrangements to ensure repayment. But this should not involve any unfair gain or advantage. If he stays in the flat, he should pay rent, or reduce the amount of the deposit by the equivalent of the rent. Alternatively, he should make a new agreement to stay in the flat for a length of time that gives him what is equal to the deposit. Suppose that the rent he was paying was 1000, and the deposit he paid is 10,000. He can agree to stay in the flat for 10 months without paying new rent. Thus, the deposit becomes a rent paid in advance. But if he stays in the flat without pay, pending the repayment of his deposit in full, this is unfair gain equivalent to usury. This becomes a forbidden transaction.