It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (2:228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers
Should the Zakah(obligatory charity) giver tell the poor recipient that this is the Zakah of his money?
No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when he gives it to the poor.
Is Zakah(obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?
Yes, Zakah is due on stored articles of merchandise even if they were stacked in the merchant`s stores for years because this is the way Islam has countered monopoly.
What is the ruling of Sharia on Zina and what is the punishment for the unmarried man who commits this grave sin?
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.
The punishment for Zina (Adultery and extramarital relations) is the same for men and women: 100 lashes for the unmarried to be witnessed by a group of the believers. Definitely, this person has incurred the wrath of Allah; however, he must make repentance immediately, refrain from this grave sin, and seek Allah`s forgiveness. And Allah The Almighty Knows Best.
