Q. If a Muslim wants to marry a second wife, is it necessary to have the consent of his first wife? Can he marry a divorced or a separated wife? Which of the spouses has the responsibility for the children?
Ahmed
A. It is not necessary from the Islamic point of view to have the consent of one’s first wife for the validity of a second marriage. Permissibility of polygamy is given by God and every Muslim knows that it is permissible. However, the question remains whether a marriage in secret, withholding the news from one’s first wife and the mother of one’s children is right or wrong. It is certainly not right, and it could lead to problems that are better avoided. A Muslim should always be clear in his dealings, cheating no one, least of all one’s wife and life partner.
Marriage to a divorced woman is perfectly permissible, provided that the divorce process has been completed and the waiting period is over. If the divorcee’s waiting period has not been completed yet, no marriage can be initiated except a reunion with her divorcing husband. As for a separated woman, this status is not recognized in Islam. There is no such a thing as separation between spouses in Islam, whereby they are neither married nor divorced. This may be a status that is recognized by the law in some non-Muslim countries, as a prelude to divorce, but even these countries do not allow a new marriage of such separated spouses.
When children are young, they are in the mother’s custody, but the father is the one to provide for their upbringing. He is responsible for all their living expenses, including food, clothes, medication and accommodation, but the mother looks after them. If the mother is incapable or has married someone else, this custody is given to her mother, i.e. the children’s maternal grandmother.
If this is not possible, custody is given to the father’s mother. Such custody is always with a woman, but in all cases the father pays for all their expenses. When children can rely on themselves in matters of food, bathing and dressing, they choose to go with either parent, but the choice can be changed at any time, according to what the child fancies. Parents may not be deprived of access to their children. Both have equal rights to them.
Hire Purchase and Interest
Q. Is it permissible for a Muslim to buy an expensive item, such as a car, on hire purchase, where the buyer pays the price over a period of time. This means that the price will be more than what he has to pay in a cash-on-delivery deal, as he will be paying interest on part of the price. This is a form of purchase that many people need, because they cannot afford to pay cash for what they need to buy.
(Name and address withheld)
A. This is a problem of modern life, where some essential items, such as a family car or house furniture are too expensive to be paid all at once. The dealer or the seller offers the same item on hire purchase, which often means that the price goes up.
In such situations, often the form of the sale agreement makes the difference between what is permissible and what is not. For example, if the seller says to you: ‘This item will cost you 20 if you pay today, while it costs you 22 if you pay over a period of 6 months,’ this is perfectly permissible. It has been practiced by businessmen in Muslim countries for centuries. Scholars point out that the increase in price is in lieu of the benefit the seller would have made over this period if he had the money paid on the spot.
On the other hand, if you go to the bank and take out a loan in order to buy a car, you are actually having two separate transactions, each of which needs to be dealt with on its own. Together they mean the same thing in practice, or may cost a little less as the bank may charge less for advancing the money to you, but most probably the bank loan could involve something that is prohibited in Islam.
Therefore, if a Muslim wants to pay for an expensive item over a period of time, he should ensure that the transaction is a single one, dealing with the seller, without involving a bank or a finance company. In capitalist countries, it is often the case that business people have their own arrangements with a finance company to facilitate selling their items on hire purchase. The buyer is not involved in this. He can benefit by what the seller is offering, without discussing the details of how the transaction is operated. This is permissible.
Special Nights and Prayers
Q. People say that one must offer 40 prayers in the mosque of the Prophet (peace be upon him) in one’s lifetime. Please explain. Could you also mention what special nights and prayers, other than Ramadan, should be marked. What is the significance of the night of Miraj?
J. Ahmar
A. Visiting the mosque of the Prophet (peace be upon him) in Madinah is a Sunnah. The Prophet says in an authentic Hadith that the only mosques to which one may specifically travel are three: the Sacred Mosque in Makkah, the Prophet’s mosque in Madinah, and the Aqsa mosque in Jerusalem. The reward of every prayer offered in any of these mosques is greatly multiplied: 500 times in the Aqsa Mosque, 1000 times in the Prophet’s Mosque and 100,000 times in the Sacred Mosque in Makkah. Many people are under the impression that when visiting the Prophet’s mosque in Madinah one should stay at least 8 days offering 40 prayers. There is nothing authentic in the Prophet’s guidance to confirm this. With the reward being so multiplied, the more prayers offered in the Prophet’s mosque the better: 41 is better than 40, and 50 are better than 49.
The Miraj is the Arabic word that signifies the Prophet’s ascension to heaven on the night of his special journey from Makkah to Jerusalem. He was subsequently taken to heaven.
There is no special significance for the night, and it is not required to be marked with any special prayer, or by fasting on the following day.
Having said that, voluntary night worship may be offered on any night. There is no limit as to the type of worship that could be offered at such times. It could be standing up in prayer, reading the Qur’an, glorifying God and extolling His praise. All this is permissible and richly rewarded.
