Testing A Spouses Aqida
“Sheikh Abu Abdullah Sidi Muhammad bin Marzooq was asked about a fatwa issued by a man who had taken up teaching. The fatwa stated that it is obligatory for every man who has a wife to question her about her beliefs, and if he finds her holding beliefs that are impossible for Allah—such as attributing a corporal direction to Him—then he must separate from her because she is considered a polytheist. The question posed was: “O my master, is this obligatory, and is the ruling as he has stated, or not? And what is the ruling regarding someone who is ignorant and holds no other belief but the testimony of faith: La ilaha illallah, Muhammad Rasulullah, as you know is the case with most people? Please clarify this matter for us, and may you be rewarded and thanked. Peace be upon you, and the mercy and blessings of Allah.”
He replied: ‘This is one of the calamities, for if this door is opened for the common folk, the entire system will be disrupted. Do not stir up theological issues among the common people, and let the testimony of faith suffice, as Imam Abu Hamid (Al-Ghazali) said, and this is supported by authentic hadiths. If it were obligatory to ask women about this after marriage, it would also be obligatory to do so before marriage. One would not proceed with marrying a woman who bears witness that La ilaha illallah, Muhammad Rasulullah without first testing her beliefs, because, according to their principles, if something that annuls the contract occurs afterward, it would prevent the contract in the first place. Yes, if it becomes evident that some wives hold incorrect beliefs without such being asked of them, it should be examined according to the appropriate ruling, because this matter is very common and difficult to regulate.
Allah is the one who grants success by His grace. And He, exalted is He, knows best.’
This was written by Muhammad bin Ahmad bin Muhammad bin Marzooq. May Allah forgive him and show him mercy through His kindness. Peace be upon you, and the mercy and blessings of Allah.
Question Two
Sidi Abdullah al-Abdusi was asked about a man who married a woman and found corruption in her beliefs:
Is it obligatory for him to separate from her or not?
He responded: Corruption in belief falls into three categories: that which is unanimously considered disbelief, that which makes the one holding it sinful but not a disbeliever, and that which is disputed as to whether it constitutes disbelief or not. As for that which is unanimously considered disbelief, the ruling regarding those who hold such beliefs is the same as for Zoroastrians—it is not permissible to marry her from the outset. If someone marries her without knowing this and then finds out, it becomes obligatory for him to separate from her. The separation in this case is a dissolution ( فسخ ) without the need for a divorce. This can be established either by clear evidence that she held such beliefs at the time of the marriage contract, or by her own admission, confirmed by her husband. However, if her husband does not believe her, her statement is not accepted, as she might be seeking separation by making such a claim. Nevertheless, it is recommended that he separates from her out of piety, scrupulousness, and caution in avoiding doubts, for sin troubles the heart, even if the people give you fatwas to the contrary.
As for that which is not considered disbelief by consensus, it is not obligatory for him to separate from her. Instead, he must guide her and teach her what will rectify her beliefs, unless there is someone else, such as a mahram or another individual, who can take care of that. As for what is disputed regarding whether it constitutes disbelief, this depends on the couple. If both agree on the opinion that it is not disbelief, they may remain married. However, if they take the opinion that it is disbelief, separation becomes obligatory. Likewise, if the husband alone follows the opinion that it is disbelief, separation becomes obligatory, as the dissolution of the marriage is in his hands. If the husband adopts the opinion that it is not disbelief, and the wife adopts the opinion that it is, the judge will resolve the dispute between them. If the judge rules that it is disbelief, separation becomes obligatory. If the judge rules that it is not, he will compel the wife to remain with him, and his ruling resolves the dispute. This is a summary of what this student asked me, written in my own handwriting. A full explanation of the evidences and arguments, and what constitutes disbelief and what does not, would require the writing of two answers. However, it is sufficient for the seeker, when faced with such an issue, to ask about it. And with Allah, the Most High, lies success.
He was also asked: Is it obligatory for a man to test his wife regarding her beliefs or not?
He replied: We say that Muslim women are assumed to be upon the apparent soundness of their Islam and their beliefs, and their inner secrets are left to Allah the Most High. However, if it becomes strongly apparent to him that there is corruption in her beliefs, he should investigate the matter with her. He is obligated to teach her what she is ignorant of regarding this. Some of the respected jurists used to instruct the witnesses to the marriage contract to test the woman’s beliefs before concluding the marriage, due to the widespread corruption in their beliefs. They would act upon this, and by this method, Allah guided many women to sound beliefs. I will, God willing, compile a concise book on the beliefs that the common people must hold, using simple language and rational and transmitted evidences that are comprehensible to their minds. And with Allah the Most High lies success.
Written by Abdullah al-Abdusi, may Allah’s grace and bounty be upon him.
Ahmad ibn Yahya al-Wansharisi. Al-Mi‘yar al-Mu‘rib wal-Jami‘ al-Mughrib ‘an Fatawa Ahl Ifriqiyyah wal-Maghrib, editedq by Muhammad ‘Uthman, vol. 1, 602-603. Lebanon: Dar Al-Kotob Al-Ilmiyah, 2012.