Articles

Guidelines for the Concession Allowing Lying between Spouses
Author : Dr. Ahmad Al-Khasasbeh
Date Added : 29-08-2023

Guidelines for the Concession Allowing Lying between Spouses

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Islam paid a great deal of attention to the family for it is the first cornerstone in the building of a righteous society. Therefore, it established a wise system for the family based on strong foundations and principles to achieve its happiness and stability. In addition, Islam did not leave any aspect of family matters without providing it with substantial guidance and directions. If families adhere to these guidelines, they would be safeguarded from disintegration and weakness.

The concern and keenness of Islam for the cohesion of the family are evident in its allowance – within specific limits – of lying between spouses. However, some couples may exceed the appropriate use of this permission due to a misunderstanding of Islam's purpose in allowing it. Therefore, this article – God willing – will shed light on the boundaries and guidelines for the use of this concession.

 

Islamic Ruling on Lying between Spouses and its Reality

 

Sharia texts has indicated the permissibility of lying between spouses. Humaid b. 'Abd al-Rahman b. 'Auf reported that his mother Umm Kulthum daughter of 'Uqba b. Abu Mu'ait, and she was one amongst the first emigrants who pledged allegiance to Allah's Apostle (PBUH), as saying that she heard Allah's Messenger (PBUH) as saying: A liar is not one who tries to bring reconciliation amongst people and speaks good (in order to avert dispute), or he conveys good. Ibn Shihab said he did not hear that exemption was granted in anything what the people speak as lie but in three cases: in battle, for bringing reconciliation amongst persons and the narration of the words of the husband to his wife, and the narration of the words of a wife to her husband (in a twisted form in order to bring reconciliation between them). {Transmitted by Muslim}.

Moreover, Asma bint Yazid narrated that the Messenger of Allah said: "It is not lawful to lie except in three cases: Something the man tells his wife to please her, to lie during war, and to lie in order to bring peace between the people." {Transmitted by Tirmithi}.

However, what is the reality of the lying referred to in these texts? Is it explicit lying or a form of dissimulation?

Scholars have indeed differed on this matter. A group of scholars has concluded that the permissible lying between spouses includes explicit lying in the sense of conveying information contrary to its actual state. However, it's preferable to limit it to "Tawriya," which means that the speaker intends a true meaning that isn't a lie to them, even if it appears to be a lie in the literal sense to the listener. An example of this is the narration by Anas, may Allah be pleased with him, where a man came to the Prophet, peace be upon him, and said, "O Messenger of Allah, carry me." The Prophet replied, "We will carry you on the offspring of a camel." The man asked, "What will I do with the offspring of a camel?" The Prophet then said, "Do camels give birth to anything other than camels?" (Reported by Abu Dawood and At-Tirmidhi, who considered it a "sahih gharib" hadith).

In this case, the Prophet, peace be upon him, used Tawriya in his conversation with the man. He intended that the man would be carried on a camel, which is a correct meaning. However, this understanding isn't readily apparent from the surface wording, as the man understood from the literal wording that the Prophet, peace be upon him, would carry him on the back of a young camel (foal), which cannot bear loads due to its young age. This led the man to be surprised by the Prophet's response.

Another group of scholars, however, holds the view that the permissible lying between spouses refers to "Tawriya," and that outright lying is not allowed in any circumstance.

In his explanation of the Hadith of Umm Kulthum bint Uqba, Imam Nawawi, may Allah have mercy upon him, mentions that scholars have unanimity on the permissibility of lying in certain situations. However, they differ in their interpretation of the intended meaning of permissible lying. Some believe it encompasses any form of lying, provided there is a benefit. They hold that reprehensible lying is only that which causes harm. They used as evidence the statement of Prophet Ibrahim (peace be upon him), 'Nay, this one, the biggest of them, did it,' and his statement, 'Indeed, I am sick,' and his statement, 'She is my sister.' They also cited the statement of the caller of Prophet Yusuf (peace be upon him), 'O caravan, indeed you are thieves.' ...Others, including At-Tabari, said that lying is not permissible in any form. They said that what has been mentioned about permissibility refers to 'Tawriya' and the use of indirect expressions, not explicit lying."

Others, like Imam al-Tabari, contend that outright lying is not permissible in any situation. They believe that the allowance mentioned in the texts refers to using indirect expressions and subtle indications rather than explicit lies.

Imam Nawawi also states in another context, "The apparent meaning indicates the permissibility of actual lying itself, but confining oneself to indirect expressions is better." {Shareh An-Nawawi Ala Muslim, Vol.6, Page181}.

From this, it can be understood that scholars concur on the validity of spouses hinting to each other in their speech. However, they differ regarding the permissibility of using explicit lying between spouses, with some allowing it under specific conditions and others prohibiting it. Therefore, it's advisable for spouses to avoid explicit lying if possible by utilizing "Tawriya" and indirect expressions. Nonetheless, if the option of using indirect expressions is not available, and the couple explicitly uses a false statement, it is not considered impermissible.

 

Guidelines for Lying between Spouses

 

Scholars have identified several conditions that can be derived from their texts for permitting lying between spouses. These conditions must be met before resorting to lying. Otherwise, the liar would fall into sin and deserve punishment, in accordance with the Prophet's saying, peace be upon him: "Verily, lying leads to wickedness, and wickedness leads to the Hellfire. A man continues lying until he is recorded with Allah as a liar." {Transmitted by Bukhari & Muslim}.

The guidelines for lying between spouses are as follows:

The first condition: Only resort to lying in cases of necessity or genuine need, or when there is a clear benefit for both spouses that cannot be achieved except through lying. However, habitual lying in all matters of marital life without necessity is not permissible.

Imam Nawawi states: "This is a clear hadith permitting some lying for the sake of benefit. Scholars have specified what is permissible in this regard, and the best formulation I have come across is that of Imam Abu Hamid Al-Ghazali. He said, 'Speech is a means to achieve objectives. Every praiseworthy objective that can be achieved through truthfulness and lying, lying in it is prohibited due to lack of necessity for it if the objective can be attained through truthfulness. However, if it cannot be achieved through truthfulness and can only be achieved through lying, then lying in that case is permissible if attaining that objective is permissible, and obligatory if the objective is obligatory.'” (Al-Adhkar Al-Nawawiyyah, Vol. 1, Page 377)

Imam Al-Khattabi says: "These are matters in which a person might find themselves compelled to increase speech and exceed the truth in order to ensure their safety and prevent harm to themselves. Permission has been granted in some situations where minor harm is anticipated, due to the expected benefit." (Ma'alim Al-Sunan, Vol. 1, Page 377).

The second condition: Lying between spouses should not lead to any action that is prohibited by Islamic law. For example, if one spouse uses lying as a means to deny or prevent the other's rightful claim, such as lying to withhold the obligatory financial support from one's wife or lying to evade a husband's rightful claim.

Similarly, if lying becomes a reason for infringing upon the rights of either spouse, such as wrongfully consuming the other's property or encroaching upon their specific benefit, then lying in such cases is strictly prohibited. This is because such lying contradicts the intended purpose of permissibility of lying between spouses according to Islamic teachings, and the harm resulting from lying outweighs any benefit.

Furthermore, if lying becomes a means of harming either spouse or becomes a cover for engaging in sinful acts, it should be avoided.

Ibn Hajar states: "Scholars have unanimously agreed that the intended scope of lying regarding both spouses is limited to situations where no right is forfeited, taken away, or where one takes what is not theirs." (Fath Al-Bari, Vol. 5, Page 300).

The third condition: Lying should relate to matters concerning marital relations and fostering affection between the spouses. This includes situations where lying is used to demonstrate love, affection, and making promises that are not obligatory, as well as to improve the character of one's spouse.

Imam Al-Baghawi narrates: "During the time of Umar ibn Al-Khattab, a man asked his wife, 'I adjure you by Allah, do you love me?' She responded, 'If you adjure me by Allah, then no.' The man went to Umar and told him about it. Umar sent for the woman and said to her, 'Are you the one who told your husband that you do not love him?' She replied, 'Yes, O Amir al-Mu'minin, he adjured me by Allah.' Umar said, 'Yes, then lie to him. Not all houses are built upon love, but people live together based on Islam and mutual rights.'" (Sharh Al-Sunnah, Chapter: Reconciliation and Permissible Lying).

Imam Nawawi states: "As for lying to one's spouse, the intention is to show affection and make promises that are not obligatory. However, if the intention is to deceive and deny obligations or wrongfully acquire something, then it is prohibited by the consensus of Muslims." (Sharh Nawawi on Sahih Muslim, Vol. 8, Page 426).

Imam Al-Khattabi states: "Lying to one's spouse is when one praises and compliments them in a way that shows more affection than is present within oneself. This helps maintain their love and improve their character." (Ma'alim Al-Sunan, Vol. 4, Page 123).

 

Swearing Falsely Using this Concession:

 

If one of the spouses is compelled to lie to the other, for instance, if the other spouse only believes them when they swear by Allah to confirm their words, is it permissible for them to swear in this situation?

As previously mentioned in the article, scholars have agreed on the permissibility of using the strategy of "Tawriyah"in lying between spouses. Therefore, if one of them is forced to swear by Allah's name, and they hide behind the oath, this would be permissible. "Al-Bayjirmi's Commentary on Al-Minhaj" states (Vol.17, Page 43): "The intention of the one taking the oath is taken into account by the judge after the request from the opposing party. So, the sin of a corrupt oath, like a "Tawriyah" exception, is not heard by the judge. This is because of the narration from Sahih Muslim: "The oath is according to the intention of the one taking it." This applies to the judge because they have the authority to administer oaths. If a person takes an oath voluntarily, or someone other than the judge administers the oath, or if the judge administers the oath without a request, or due to divorce, or similar cases, the intention of the one taking the oath is considered, and the principle of "Tawriyah" becomes effective. Even if it is sinful, it nullifies the right of the one entitled to it."

However, if one of the spouses swears falsely without resorting to "Tawriyah," the scholars who permit explicit lying seem to indicate that this might be permissible in situations of genuine necessity that are considered valid, and where it doesn't infringe upon the rights of others. This is because if they didn't lie, they wouldn't achieve the benefit they seek or prevent the harm for which lying is permitted in that specific situation.

After this brief overview of the guidelines for the permissible lying between spouses, it's essential for couples to fear Allah and not take this concession lightly. They should make this practice a last resort for addressing marital issues, provided that its Shariah-based conditions are met. We ask Allah to benefit us with the knowledge we have and to teach us what is beneficial, as He is capable of all things.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the ruling on making up the regular pre-Dhuhr *sunnah* (*al-sunnah al-rātibah al-qabliyyah*) for one who missed it in the Dhuhr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Every timed supererogatory prayer (nāfilah) is recommended (mandūb) to be made up if its time passes. As for a nāfilah that precedes the obligatory prayer, performing it before the farḍ is a matter of proper etiquette (adab); if it is prayed after the farḍ, it is still considered adāʾ (performed within its time). If the time of the farḍ has ended, it is recommended to make up (qaḍāʾ) the nāfilah for one who did not pray it.
Whoever misses the sunnah before Dhuhr, whether with an excuse or without one, it is recommended for him to pray it after the obligatory Dhuhr prayer, within the time of Dhuhr, even at its end, and it counts as adāʾ, not qaḍāʾ. It is also recommended for one who missed the pre-Dhuhr sunnah to pray it before the post-Dhuhr sunnah, in observance of the proper order. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.60): "What precedes the obligatory prayer has the same time as the obligatory prayer, and performing it before the farḍ is a matter of etiquette; after it, it is adāʾ. What follows the farḍ has its time begin with the performance of the farḍ and end with the end of its time."
If the time of Dhuhr has ended, it is recommended for him to pray both the pre- and post-Dhuhr sunnahs, and they count as qaḍāʾ for both. It is stated in ʿUmdat al-Sālik (1/61): "Every timed nafl, such as the ʿĪd prayer, Duha, Witr, and the regular rawātib of the obligatory prayers, if it is missed, it is recommended to make it up forever." And Allah Almighty knows best.

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.