Q. We have learned that a fatwa, or religious ruling, was published in a Saudi newspaper where a scholar advises Saudis who go abroad to study for a few years to marry girls in the countries where they are studying, and then divorce them when they are about to come back home. They should not tell the girls of their intention to divorce them when they complete their studies. Is this permissible in Islam? Is it lawful for such students to marry Saudi girls on the same basis, i.e. intending to divorce them after a few years and keeping this intention to themselves?
Muhammad, John, Sarah & others
A. I heard this ruling stated by different scholars in the past. The scholars who subscribe to it look at the problem of a young man trying to pursue his studies in a permissive society and finding it difficult to live according to Islamic teachings. Getting married may not be easy, as his scholarship may not be sufficient to support a family. Were he to marry a Saudi girl and take her with him, his living expenses will be much higher than what he would need with a European wife who may have some income of her own. These scholars also look at the issue of cultural incompatibility, which may lead to marital problems, if the marriage was permanent. They suggest such a marriage, with the intention to divorce, as a way out.
This ruling is flawed on several counts. First of all there is a strong element of cheating, which is not allowed in Islam. It is forbidden to cheat a non-Muslim in exactly the same way as it is forbidden to cheat a Muslim. Should a Muslim agree with a European or American girl to get married, the girl will naturally assume that the marriage is intended to last. This is taken for granted by all people. To intend otherwise is to cheat, unless the man declares his intention to his prospective wife before the marriage. Now, if he is open about his intention and she agrees to the intended divorce, the marriage becomes a temporary one, or what is known as mit’ah, which is not allowed in Islam. Only the Shia school allows temporary marriage, and their evidence for it does not stand to proper scrutiny.
A scholar who issues such a ruling or subscribes to it will inevitably advise a student who is intent on having such a marriage of convenience to make sure not to have children, so that when he is ready to return home he does not find himself encumbered with children that make the divorce more difficult. This adds to the cheating element involved in such a marriage. When a couple agree to get married, they naturally expect to start a family. Both man and woman are entitled to look forward to this. By deciding not to have children, without consultation with his wife, a man is cheating her, depriving her of her right under the marriage contract.
We can see another flaw in the ruling, as it does not look at the effects such a relationship may have on the man. Scholars who give such a ruling tend to think that the student getting into such a marriage will remain throughout the three or four years of its duration uninfluenced by his wife’s way of life. She may very well be a decent woman, caring, loving and well educated. Genuine love may develop between them. Yet there remains a cultural and religious gap. When the time comes and the student is ready to go back home, would he be able to divorce such a wife? Would it not be a case of tearing oneself apart from a good and healthy relationship? The scholar giving this ruling simply overlooks such consequences. He is only thinking of the physical relationship between man and woman, and looking for a way to avoid fornication. This is a partial view and a proper Islamic ruling cannot be issued on such a partial view.
Besides, what image of Islam would this give, should it become known that Muslims do this to their non-Muslim wives? It simply puts us in a position that the Qur’an decries. Consider the Qur’anic verse that refers to a similar practice by others: “Among the people of earlier revelations there is many a one who, if you trust him with a treasure, will return it to you intact; and there is among them many a one who, if you trust him with a small gold coin, will not return it to you, unless you keep standing over him. For they say: ‘We have no obligation to keep faith with Gentiles.’ Thus they deliberately say of God what they know to be a lie.” (3: 75) The Qur’an decries the very practice of treating followers of other religions in a way that does not follow the teachings of the divine religion. It calls such a practice a lie to which they try to find sanction in religion.
The question the readers ask is certainly relevant. If the scholar will not apply his ruling to Saudi women, how can it be lawful to others? I hope he will reconsider his view.
Prayer and Eating Onions
Q. Is it forbidden to eat onions before prayer?
R. Erumm
A. No, it is not forbidden. A Hadith gives us the following instruction: “Whoever eats garlic or onions should not come near our mosque.” This is due to the fact that these two types of food give a bad mouth smell. In order not to give an offensive smell, irritating other worshippers, a person who has just eaten them is told by the Prophet not to go to the mosque. But he can pray at home.
Scholars say that this ruling applies to anything that gives a foul smell, such as tobacco and some chemicals. Thus, a smoker should not go to the mosque unless he makes sure that he first changes the foul smell of tobacco.
Besides, tobacco smoking is ruled as forbidden in Islam. A worker in a plant, which uses foul-smelling substances should change his clothes and wear some perfume before going to the mosque. It is important to keep the mosque a welcoming place, clean and pleasant smelling.
Tattoos
Q. Are tattoos forbidden in Islam? If so, why? May I further ask if a young person wants to have a tattoo with no pictures of living objects, for fun only, what is the harm in that?
Ahmad Ali
A. The Prophet cursed the person who actually does the tattoos and the one who has it made for that person. It is part of the excessive cosmetic practices that aim to attract attention. In addition it is a process involving permanent change in appearance, and relies on needles, which make it painful. It may be done nowadays under anesthetic, which removes the pain, but this does not change the view regarding it.
The reader asks about doing it for fun. This is a temporary way of looking at it, while the tattoo is permanent. Hence, it is wrong to have temporary fun through something permanent. If one wants to remove it in future, it requires painful plastic surgery, grafting skin from other places in the body. Hence, Islam gives it a verdict of prohibition.
