I was forced, under threat of assault, to divorce my wife. My question is: Does that constitute a valid divorce?
The Answer
Several religious proofs highlight the invalidity of a divorce under duress. Islam places importance on autonomy, forbidding coercion to ensure that individuals can live healthy lives and make informed choices. Allah says, “There is no compulsion in the faith.” (Quran 2:256). The Prophet ﷺ noted that anyone forced to do something against his will is forgiven, stating, “My community is pardoned for what they do under duress.” (Ibn Majah). This applies to sin as well as the impact on contracts.
In the context of a divorce under coercion, the Prophet ﷺ said, “There is no divorce under compulsion.” (Abu Dawud and Ibn Majah). From these texts, we understand that coercion is generally prohibited and, in the case of contractual relationships, unless ordered by the state, invalid.
The actions of early pious Muslims support the invalidity of a forced divorce: During Umar’s (رضي الله عنه) era, an utilized a rope to ascend trees for honey collection. One day, high in a tree, his wife pulled down the rope, abandoning him, and gave him an ultimatum: divorce or fall. Fearing for his life, he reluctantly divorced her.
Upon presenting their case to Umar, the caliph ruled in favor of the man, contesting the legitimacy of the divorce. Umar’s reasoning lay in the principle that a divorce coerced through fear holds no validity.*
The principle of qiyas (analogical reasoning) supports the opinion that divorce under compulsion is invalid. If a person coerced under extreme circumstances can falsely claim disbelief while maintaining faith within, without facing consequences, then a divorce, being of lesser gravity, follows the same logic. This particularly applies when a man’s inner conviction contradicts the forced utterance. As a result, most scholars, excluding Imam Abu Hanifa, concur in dismissing a divorce that arises under duress. In his Mukhtasar, Imam Khalil states,
“The talaq (divorce) is invalid if he is coerced.”
In closing, a coerced divorce is not considered valid. Thus, their marriage remains intact.
Allah knows best,
Suhaib Webb
* You probably wonder, “Why stay with a woman who wants to kill you?” I have no answer. I will say that in years of serving people I have wittnessed weirder things. You may also ask, “Could she not get a khula?” The answer is yes, but as the axiom sates, “Ajudicated decisions must go through an adjudicated process.” Umar was not a sloppy judge.
As we approach Eid, wrapping up the blessed month of Ramadan, there’s a beautiful practice we partake in—giving Zakat al-Fitr. This act of charity is special, designed to ensure that every Muslim can celebrate Eid with joy, sharing in the bounty regardless of their financial status. Traditionally, this has been given in the form of food. But, a question that often bubbles up in our communities today is, “Can we give this charity in money instead?”
Let’s look at the varied perspectives that scholars, deeply rooted in their love for the Prophet Muhammad’s (peace be upon him) teachings, have shared over the centuries:
1. First Opinion: Scholars like Malik, Al-Shafi’i, and Ibn Qudamah, have leaned towards the practice of giving in kind—food, as was done by the Prophet (peace be upon him) and many of his companions. They remind us that Zakat al-Fitr is about fulfilling an immediate need, ensuring everyone has food for the Eid celebrations. Their stance is grounded in the direct example set by the Prophet (peace be upon him), emphasizing that to give in kind is to adhere closely to his sunnah, his way.
2. Second Opinion: On the other hand, scholars from the Hanafi school, and figures like Umar ibn al-Khattab among the companions, saw flexibility in this practice. They recognized the potential for monetary charity to fulfill the same goal—ensuring the well-being and joy of every Muslim on Eid. Their argument rests on the principle that the essence of Zakat al-Fitr lies in its spirit of support and care, which can be fulfilled through monetary means as well.
3. Third Opinion: Then, there’s a third opinion, considered by scholars like Ibn Taymiyyah, who suggest that giving money could be permissible if it serves a greater need or brings about more significant benefit. This view is practical, acknowledging that the circumstances and needs of communities can vary greatly. It suggests that the form of our charity—whether food or money—should ultimately serve the underlying purpose of Zakat al-Fitr: to care for one another in the best way possible.
In sharing these views, my hope is not to prescribe one path over another; I practice the third, but to illuminate the richness and layers within fiqh. Each opinion is deeply rooted in a commitment to the actions of the salaf, out the values of Islam with integrity and kindness.
As we ponder over the best way to fulfill this beautiful obligation, let’s do so with a spirit of unity and love, guided by the principles of our faith and the diverse wisdom of those who’ve dedicated their lives to understanding its depths.
Zakat al-Fitr is ordained in Islam as a means of purifying the fasting individual from any sins and to compensate for any shortcomings or neglect during the fasting period. It allows the fasting person to conclude Ramadan with an act of charity, hoping for acceptance from Allah, the Exalted. Moreover, it aims to provide for the poor, ensuring they do not need to ask for help or necessities on Eid day.
Prophetic Guidance on Zakat al-Fitr
As Prophet Muhammad, ﷺ, instructed: “Enrich them on this day” [Reported by Al-Daraqutni].
Ibn Abbas, may Allah be pleased with them both, narrated: “The Messenger of Allah ﷺ ordained Zakat al-Fitr as a purification for the fasting person from idle talk and obscenities, and as food for the needy.” [Reported by Abu Dawood]
Obligatory Recipients
Zakat al-Fitr is mandatory for every Muslim: male or female, adult or child, rich or poor, as long as they have sufficient provisions beyond their basic needs for themselves and their dependents for Eid day and its night.
The Muslim is required to pay it on behalf of themselves, their spouse, and anyone they are obligated to support, such as minor and adult children under their care, and impoverished parents, linking Zakat al-Fitr directly to the obligation of support.
Delegation of Payment
It is permissible for a Muslim to pay Zakat al-Fitr personally or to delegate someone else to pay it on their behalf.
Place of Payment
Primarily, Zakat al-Fitr should be distributed in the payer’s country of residence since it is related to the individuals themselves. However, transferring it to another country, such as the payer’s country of origin, especially if they are expatriates, is allowed when it serves a greater benefit or in the absence of the needy in their place of residence.
Timing of Payment
It is recommended to distribute Zakat al-Fitr after the sunset of the last day of Ramadan and before the Eid al-Fitr prayer, although it can be distributed from the beginning of Ramadan until the sunset of Eid day.
Monetary Value
While the principal form of Zakat al-Fitr is food, distributing its equivalent value in money is permissible. According to the North American Fiqh Council, Zakat al-Fitr this year is set at ten dollars, always considering the best interest of the needy.
The amount of Zakat al-Fitr is one Sa’ of the most common food that people consume in their country, such as wheat, rice, beans, lentils, fava beans, raisins, and other staples;
According to a hadith from Ibn Umar, may Allah be pleased with them: “The Messenger of Allah ﷺ ordained Zakat al-Fitr as one Sa’ of dates or one Sa’ of barley on every slave and free person, male and female, young and old among the Muslims, and he instructed that it be paid before the people go out to the Eid prayer.” [Agreed upon].
A Sa’ of wheat is equivalent to approximately two kilograms and forty grams (2.04 kg).
As for other items from which Zakat can be given, such as rice, beans, raisins, etc., the average Sa’ for these is approximately two and a half kilograms (2.5 kg).
Expenditures
Zakat al-Fitr is designated for the poor and the needy, following the financial expenditures outlined by Allah Almighty in the Quran: “Charities are for the poor, the needy, those employed to collect [the funds], and for bringing hearts together [for Islam], for freeing captives [or slaves], for those in debt, in the cause of Allah, and for the [stranded] traveler – an obligation [imposed] by Allah. And Allah is Knowing and Wise.”
Considerations for Payment
It’s crucial to remember that Zakat al-Fitr aims at more than just a financial transaction; it’s an act of worship and social welfare, reflecting the spirit of communal support and care in Islam. The determination of whether to pay in kind (with food) or with money should be guided by what is more beneficial for the needy in the specific context. The allowance to pay the equivalent value in money takes into consideration ease for the payer and the changing dynamics of need and consumption.
The Wisdom Behind Zakat al-Fitr
Zakat al-Fitr serves multiple wisdoms and purposes. It cleanses the one who fasts from any indecent act or speech and helps compensate for any imperfections in one’s fast. It’s a means for the Muslims to earn forgiveness from Allah for any shortcomings in their fast. Moreover, it brings joy and allows for the needy to celebrate the day of Eid without worrying about their sustenance.
Reflection and Gratitude
As we fulfill this obligation, it’s a moment to reflect on the blessings we have and the importance of sharing them with those less fortunate. It’s an act that solidifies the brotherhood and sisterhood among Muslims, fostering a sense of unity and collective responsibility towards each other’s well-being.
Conclusion
Zakat al-Fitr is a beautiful practice that embodies the values of empathy, generosity, and communal support. It reminds us of the broader social obligations we hold towards each other, especially the less fortunate. As we approach Eid, let’s fulfill this duty with a heart full of gratitude and hope for acceptance from Allah, the Most High. May our acts of charity and devotion be a means of purification for us and bring us closer to our Creator.
It is wonderful to meet learners in English speaking countries who are seriously studying fiqh, specifically the Maliki madhab. A question several people asked me is why does the Azhar give preference to Dardir’s text: Aqrab al-Masalik to Khalil?
I want to be deliberately careful with my words; I don’t speak on behalf of Al-Azhar. I can share my experience there with teachers and my own ideas, deeply ingrained in my heart and mind and rooted in my experince. I studied the Khalil fir six years and the Aqrab for four years, reading the latter to different teachers.
In general, it is not about preference but about organization and coordination. I would not say it is preferred over Khalil, but rather a completion of the work; an indispensable tool to appreciate and benefit from it, just as Amir’s Majmou’, removed from the Azhar curriculum in 1924, completes the Aqrab and Khalil.
In short: Dardir’s work compliments its original: Khalil’s summary in several aspects:
1. Providing legal definitions for all chapters of jurisprudence, which he mentioned in his explanation as opposed to Khalil, who did not focus on definitions. 2. Determining the preferred and mashur opinions in most issues where Khalil mentioned “difference” in terms of mashur, or “hesitation” due to the later scholars’ hesitation in transmission or the absence of an explicit statement by earlier scholars, or said “two opinions” or “several opinions” due to his lack of exposure to a more valid opinion. 3. Replacing what Khalil deemed strong or popular with what is weak, odd, or opposed to the more reliable opinions, with the preferred opinions, even correcting some of Khalil’s oversights in the explanation, or what he did not address at all, which was later rectified by his text’s commentators. 4. Omitting issues which Khalil repeated in his text, and eliminating many examples from it relying on some of them to illustrate the fiqh opinions,, thus further abbreviating the text, even though an abundance of examples serves an important purpose in training for jurisprudence. This made Dardir’s work about two-thirds the length of Khalil’s. 5. Altering phrases from Khalil’s summary to clearer and simpler ones, often being more concise.
Question: When is Zakat al-Fitr obligatory, and is it permissible to prepay it?
The Answer:
The Obligation of Zakat al-Fitr
The timing of Zakat al-Fitr’s obligation is a subject of differing opinions among Maliki jurists, encompassing two primary positions:
The first group states that its obligation commences at sunset on the final day of Ramadan.
The second contends that it becomes obligatory at dawn on the first day of Shawwal.
This difference rests on a report from Abdullah ibn Umar, in which the Prophet Muhammad (ﷺ) mandated Zakat al-Fitr during Ramadan (according to Malik, Bukhari, and Muslim). The first view interprets ‘fitr’ in the report as referring to the sunset of Ramadan. In contrast, the second view considers ‘fitr’ to denote dawn.
The Recommended Time To Dstribute Zakat al-Fitr
The recommended time to distribute Zakat al-Fitr is after dawn and before the Eid prayer. Ibn Umar narrated that the Prophet Muhammad (ﷺ) instructed that Zakat al-Fitr should be given before people proceed to the prayer (Bukhari and Muslim).
The Permissible Time To Distribute Zakat al-Fitr
The permissible period for its distribution extends to the sunset of Eid day.
What If I Failed To Pay It On Eid Day
Zakat al-Fitr does not expire after the sunset of Eid day for those who could afford to pay it when due; it remains a continuous obligation until fulfilled, and delaying it beyond its time is deemed sinful.
Can I Pay It Before Eid Day?
Regarding prepayment, it is permissible up to two days before its due time, as commonly accepted in the Maliki school. Some opinions allow up to three days, whether distributed directly to individuals or to the poor.
Distribute It Before Eid?
The allowance to pay Zakat al-Fitr two days before Eid is based on Ibn Umar’s practice, who sent his Zakat al-Fitr to the collector two or three days before Eid (Muwatta)
Can I Give it In Cash?
Yes! I will provide a second answer to that question, inshallah.
In pre-Islamic times, the Arabs would lower their gazes and adhere to the sanctity of the neighbor and honor, even their outlaws. Urwah ibn al-Ward, one of the Arab outlaws of the pre-Islamic era, said:
وإنْ جارتي ألوَتْ رياحٌ ببيتها تغافلت حتى يستر البيت جانبه “If the winds blew against my neighbor’s house, I would pretend not to see until her house was covered from sight.”
And Antarah ibn Shaddad said:
و أغضُّ طرفي ما بدَت لي جارتِي حتى يُواري جـارتـي مـأواهـا “I lower my gaze; should my neighbor appear, Until she is concealed within her dwelling place.”
إني امرؤٌ سمحُ الخليقة ماجدٌ لا أتبع النفس اللجوج هواها “I am a man of noble creation and generosity, Not following the whims of a persistent soul.”
The noble qualities of the Arabs were kept, refined and, as the case here, commanded by Islam. What can we say if a world today where haya and honor seem to have faded?
Commenting on the verse of the Quran that commands the believers to lower their gaze, al-Qadi Abu Bakr writes in Ahkam al-Quran:
“The verse: ‘They should lower their gaze’ Quran 24:30 contains the word “min” [from] which implies partiality, yet, ‘and guard their private parts’ in the same verse does not have min. Meaning guard them in an absolute sense.
Scholars have three opinions about the implications of this verse:
The first: Lowering the gaze is used in this verse in the context of prohibition; because lowering it from what is permissible is not obligatory; but it is obligatory to lower it from what is forbidden; hence the introduction of the particle of partiality in lowering the gaze, so it said: from their gaze of what is haram.
The second: There are aspects of looking that are not forbidden, which are the first and second look; anything beyond that is forbidden, and there is nothing concerning the private parts that is permissible.
The third: There are looks that are forbidden, which concern strangers; and those that are permissible, which concern spouses and those of close kin, unlike the private parts, for covering them is obligatory in public and in seclusion; based on the hadith of Bahz bin Hakim from his father from his grandfather Muawiyah bin Haydah al-Qushayri; he said: “I asked, ‘O Messenger of Allah, what about our private parts, what should we do with them and what should we leave?’ He said: ‘Guard your private parts except from your spouse or what your right hand possesses.’ I said: ‘What about when a man is with another man?’ He said: ‘If you can ensure that no one sees it, then do so.’ I said: ‘What about when a man is alone?’ He said: ‘Allah is more deserving of your modesty.'”
Transliteration: “Allāhumma laka al-ḥamdu anta qayyimu al-samāwāti wal-arḍi wa man fīhinna, wa laka al-ḥamdu laka mulku al-samāwāti wal-arḍi wa man fīhinna, wa laka al-ḥamdu anta nūru al-samāwāti wal-arḍi wa man fīhinna, wa laka al-ḥamdu anta maliku al-samāwāti wal-arḍi, wa laka al-ḥamdu anta al-ḥaqq wa wa’duka al-ḥaqq, wa liqā’uka ḥaqq, wa qawluka ḥaqq, wal-jannatu ḥaqq, wan-nāru ḥaqq, wan-nabiyyūna ḥaqq, wa Muḥammadun ṣallā Allāhu ʿalayhi wa-sallama ḥaqq. Al-Bukhari
Translation
O Allah, to You is all praise, You are the sustainer of the heavens and the earth and whatever is in them. To You is all praise, Yours is the dominion of the heavens and the earth and whatever is in them. To You is all praise, You are the Light of the heavens and the earth and whatever is in them. To You is all praise, You are the King of the heavens and the earth. To You is all praise, You are the Truth, Your promise is true, meeting You is true, Your word is true, Paradise is true, Hell is true, the Prophets are true, Muhammad ﷺ is true, and the Hour is true. O Allah, to You I have submitted, in You I believe, upon You I rely, to You I turn, with Your help I argue, and to You I take my disputes for judgment. So forgive me what I have previously done and what I will do, what I have concealed and what I have declared. You are the One who puts forward and You are the One who delays. There is no deity except You, or: There is no deity other than You.’ [Narrated by Bukhari]”
This supplication is a profound expression of faith, acknowledging Allah’s sovereignty, asking for forgiveness, and affirming the truth of Islamic beliefs.
Q: Can I send my zakat al-mal to another country where people are suffering?
A: Sunni legal schools discourage the practice of transferring zakat beyond the distance at which shortening prayers becomes permissible, with some variation among schools.
In the Maliki tradition, while generally it agrees with the other schools, there is an exception attributed to Abd al-Rahman Ibn Al-Qasim and relied on for fatwa: transferring zakat beyond the distance to join prayers is deemed acceptable if there is an emergency in that area. Sahnun also mentioned it saying, “If the authorities are aware of a significant need in other regions, they are permitted to allocate a portion of the obligatory zakat to those areas. In situations of need, it’s essential to give precedence to aiding those in distress, as every Muslim should look out for their fellow Muslim without neglect or harm.”
Based on that, and due to the devastation overseas, I advise you to distribute your zakat among the needy in your local community and also consider extending a portion of your zakat to those in dire situations abroad. This is also supported by the generality of the verse, “Zakat is only for the poor,” as well as the narration, mentioned by al-Bukhari with taliq that Mu’adh distributed zakatable goods he collected outside of Medina in Medina.
Important Note: Ensure that your overseas contribution is explicitly designated for direct aid to the zakat elgible and is not diverted for other purposes.
The last few nights and days of Ramadan are a time of distilled light; people will be increasing in prayers and supplications. Here are five names of Allah to harvest your hearts during these days and nights, especially when making duas and observing devotions:
Al-Ahad – refers to the One whose uniqueness is inherent, not because He has no partners, but because His singularity arises from His very essence, distinguishing Him from numerical oneness, which could imply the existence of another. Thus, ‘Al-Ahad’ indicates a oneness that is beyond comparison, devoid of any duality or division.
Al-Qayyum – is the One by whom the heavens and the earth and all within them are sustained. This name suggests that the sanctity of His oneness and uniqueness does not contradict His sustaining of all things, signifying Allah’s closeness to His servants in a manner befitting His majesty.
Al-Samad – is the One to whom needs are directed, meaning sought after. It also means the One without weakness, implying both reassurance and sanctification, akin to ‘Al-Qayyum’ and ‘Al-Ahad’.
‘Al-Latif‘ – is the One who bestows subtle favors upon His servants, which are like well-placed gifts from Allah, manifesting as both visible and invisible blessings. “And if you count Allah’s blessings, you cannot enumerate them.” Quran.
Al-Qareeb – signifies Allah’s closeness to His servants by responding to their calls, highlighting His accessibility and responsiveness. Allah says in the Quran: “Indeed, I am near. I respond to the invocation of the supplicant when he calls upon Me.” This understanding of closeness includes knowledge and inherent nearness to His servants.
Q: I’ve noticed disputes in the mosque over seating arrangements, with one individual claiming they had reserved a specific spot. Is such a claim permissible?
A: The Prophet Muhammad (peace be upon him) stated, “Mina is a resting place for whoever arrives first,” as reported by Tirmidhi (881) and considered a good hadith. This implies that individuals are not entitled to reserve spaces for worship; rather, the right belongs to the person who arrives first. This principle is particularly pertinent in mosques, which are the houses of Allah and not personal property.
However, there are three scenarios in which “reserving” a space is acceptable: if an individual momentarily leaves their spot for a need such as performing ablution, without intending to be away indefinitely. The other exception applies to mosque officials, such as Imams, muezzins, educators, or employees, who might need to reserve space for conducting lessons or similar activities.
Imam Nawawi, Allah bless him stated: “Our colleagues made an exception for the one who is accustomed to a place in the mosque where he gives fatwas, or teaches the Quran or other Islamic sciences. He has more right to it, and if he arrives, others do not have the right to sit there” from “Sharh of Sahih Muslim” (14/160).
A third allowance is for the elderly or people with accessibility needs.
This highlights that those who are dedicated to teaching or guiding others in Islamic practices within the mosque have a special consideration regarding their accustomed places.
