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 India . Allah Hafiz.   

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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 1/8^th 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 1/3^rd 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. 1/8^th….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 1/3^rd 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