Widowed man wishes to marry again
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
As Salam Aleikum.
Please let explain my query. I am Indian energetic,
working man of 70 years of age and still working for a shipping co. co.
until end of Sept. 2005, as I have been given a retirement benefit package. I
am devout muslim and performed Haj and few Umras pilgrimage. My wife expired 2
years ago. I was loving my wife much and we lead very happy and
life. I was leading an enjoyful sexual life with my wife and almost every week
and sometimes every fortnight was had intercourse. After the death of my wife I
was consulting my sisters and my desire for re-marriage but my
sisters forbade me saying nowadays you cannot find a reliable lady and may
usurp your hard earned savings. Now I have decided to take action on my own and
fetch a pious lady of 40 – 50 years of age without any encumbrances or a
widow or a divorcee. If according to Islamic Sharia law I have to bequeath
my share of my property / wealth or whatever funds I have. My question is
that ,can I have a written / signed agreement prior to marriage that she will
forgive everything for the sake of children and grand children with my
deceased wife. If this contradicts the Islamic Sharia law, then what is the
minimum amount that I can keep aside for this purpose for the second
wife. After the death of wife, 2 flats which were in the name of my deceased
wife were transferred in my name (as first name )and the second names
were that of my son and daughter were inserted, as per Co-operative society
by-laws. Also please let me tell you frankly that I do not marry, my character
will go astray and will be compelled to resort to Un-Islamic means to fulfill
my desire which I have controlled for the last 2 years. Allah willing, I trust
that you guide me correctly and reply me within a week or 10 days as after that
I cannot receive your email and my computer will be closed by my office and
Inshallah leave for
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Answer:
Widowed man wishes to marry again
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Dear and beloved brother in Islam, it is absolutely
lawful, permissible and an absolutely preferred Sunnah for a believer to get
married. Islam has not prescribed a
certain age for one to get married, thus one may get married as soon as one
reaches the age of adulthood or even at the grand age of a hundred, if one
wishes and desires to do so. But if one
fears at any age that one may not be able to control ones desires and thus
fears that one may transgress the boundaries of Allah Subhanah, then it would
become obligatory upon such a person to marry.
Your Question: My question is that ,can I have a written /
signed agreement prior to marriage that she will forgive everything for the
sake of children and grand children with my deceased wife.
It is not lawful nor permissible in Islamic Law that one
make a contract or signed agreement to increase or decrease the share of those
survivors whom Allah Subhanah has Himself specifically chosen for them as their
legal and lawful heirs. And even if one
were to make such an unlawful contract in one’s efforts to increase/decrease
the prescribed share of one’s legal heirs, such an agreement would have
absolutely no weight in the Sight of Islamic Law.
Assuming that you do get remarried and your wife survives
you, she will rightfully be given 1/8th of your total property after
your death. And if you have children
with your new wife who survive your death, they along with your children from
your first marriage will have an equal and appropriated share from your assets.
Your Question: If this contradicts the Islamic Sharia law,
then what is the minimum amount that I can keep aside for this purpose
for the second wife.
Beloved brother, the absolutely maximum one who believes
may bequeath in their will to someone is 1/3rd of their property to
be given to them after their death; but this will can be made only in the favor
of those who are not one’s legal and lawful heirs. A wife is considered a legal heir in Islamic Law,
thus she will get exactly the proportion which Allah Subhanah has prescribed
for her, ie. 1/8th….not a cent more can be allocated to her, and not
a cent less!
But other than one’s legal heirs, if one so wishes, one
may bequeath a share of their property or assets to anyone one wishes, upto an
absolute maximum of 1/3rd of their total assests.
Your Question: Also please let me tell you frankly that I do
not marry, my character will go astray and will be compelled to resort to
Un-Islamic means to fulfill my desire which I have controlled for the last 2
years.
Beloved brother, in such a condition not only would it be
preferable for you to remarry, but rather it would become obligatory for you to
remarry and thus preserve your chastity.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and well wisher in
Islam,
Burhan
Wister