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:

Dear Mr. Burhanbhai,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.

Many many thanks your regular mails and herewith a question which I need more clarification.

Slave Girls.

You have recently answered this question extensively and I do understand the concept and the difference of Slavery practiced in the past and today. At one point you mention that in Islam, a Slave girl allotted to the person has the full right to have sexual relationship and stay like husband-wife provided men took full responsibility and care.

Tell me how does Islam justify the present times when a man lives with a girl friend together, could be both are Muslims or one of them a non-Muslim

or later converting into a muslim (but certainly NOT a mistress/prostitution/adultery) and share the same relationship as husband-wife and both take good care of each other fully responsible for everything including the bearness of children (but have not performed the Nikah).  This is more like the slave girl issue and is this permissible, because the present State laws are so strict that it is better to live both partners as good friends than to marry and be called as husband-wife. 

I very much agree with this practice and is logic according to what you have

told the history of Islam and this is the same way. Can you pls throw some light on this as many friends of mine are presently practicing this method and will definitely give them the answer to their query which I will appreciate if you post it to your readers on the forum.

May Allah guide us all to the Siraat al-Mustaqeem.

Your brother and well wisher in Islam.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Living together without Nikaah 

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.

The ‘slave-girl’ issue is absolutely different from the issue of a woman and man living together without proper ‘nikaah’. The ‘slave-girl’ was an undesirable and unavoidable issue from the effects of war and also, she is not given to the man out of his/her own choice, but rather the state allots this woman under the care of the person.

The ‘nikaah’ is done with the choice and consent of both the parties and this contract is a list of rules, rights, responsibilities that both partners undertake towards each other. This ‘nikaah’ contract is done in front of witnesses, so that none among the participants can deny the contract or abuse the rights of the other. The ‘nikaah’ contract is to protect the rights of the husband as well as the wife.

Lets just take a step back and think in perspective. The one difference between marrying someone legally through ‘nikaah’ and living with someone without ‘nikaah’, is this one seemingly simple verbal contract between the two parties. But the implications and results from each are extremely different. This concept of ‘living together’ give rise to prostitution and promiscuity. Because one is not legally bound to the other, there is always the possibility of the abuse of rights and responsibilities of the other partner. This concept is a disease of the new, modern, un-Godly, atheist world. Just take a look at the societies where this concept is allowed, and you will realize the abuse and mess this has created; not only in the lives of the partners, but also in the lives of millions of children! People try several partners; there is widespread abuse in the rights of the partners; children are born out of wedlock and grow up with single parents if they are lucky; the core family is left baseless; and society as a whole starts to disintegrate.

Islam wants to create a society based on legality, rights, and harmony for all its participants. If today, a man and a woman choose to live together like a husband and wife, but without the ‘nikaah’ contract; they will be committing the sin of ‘zina’ (fornication) in Islamic Shariah. This sin is so grave in the sight of Allah, that Allah and His Messenger (saws) have decreed that the punishment for this sin is to stone the people committing this sin, to death in public!

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan