Guidance for those about to Marry
The marriage contract is a solemn covenant. Upon its enactment—or its dissolution through divorce, annulment, or death—various Islamic rulings, rights, and responsibilities come into effect. Ignorance of these leads to transgression of the limits set by the Sharia, injustice towards others, and negligence in fulfilling rights. This often results in family disputes and may contribute to the destabilization of both the family and society.
Through my work at the General Iftaa’ Department, I have come to witness a troubling reality: a widespread lack of knowledge among many individuals preparing for marriage — and even among some who are engaged, already married, or their guardians — regarding the rulings related to the marriage contract. This motivated me to search for a book that comprehensively and simply presents the essential rulings, but I was unable to find one that met this need. Therefore, I decided to compile the most frequently asked questions and present them in a clear and concise Q&A format to make them easy to access and understand. I ask Allah the Almighty to make this work beneficial, and to grant everyone success in that which He loves and is pleased with.
Rulings Related to Engagement (Before the Conclusion of the Marriage Contract)
1. Does marriage become valid by the fiancé’s family visiting the bride’s family (the "Jāhah"), offering congratulations, and reciting Al-Fātiḥah?
No, marriage is not valid through the presence of the Jāhah, the blessing of the bride’s family, or the recitation of Sūrat Al-Fātiḥah. All of these are merely part of the engagement that precedes the marriage contract.
2. Does the fiancé have the right to request to see the bride-to-be without proper Islamic covering?
According to the majority of scholars, the fiancé is only permitted to see the face and hands of the woman he intends to marry. He does not have the right to view anything beyond that.
3. How can the fiancé become aware of some of the bride-to-be’s features, such as her hair, for example?
This can be done through his female relatives, who may see such features and describe them to him.
4. Is it permissible for the engaged couple to exchange expressions of love, be in seclusion, or go out or travel together before marriage?
No. Before the marriage contract is concluded, the engaged couple are still strangers to each other (non-Maḥram), and such interactions are prohibited in Islam.
5. What is the ruling if the engaged couple engage in sexual intercourse or its preliminaries before the contract is concluded?
Such an act is considered fornication (Zinā) or its precursors, and it carries the rulings associated with that. No marital rights are established as a result — no dowry, waiting period (‘Iddah), or paternity rights are affirmed.
6. Does the bride-to-be’s mother or the groom’s father become a Maḥram to the other party before the marriage contract?
No, they remain non-Maḥram (strangers) until the marriage contract is completed.
7. Can either party withdraw from the engagement before the marriage contract?
Yes, either party may withdraw, and they cannot be compelled to proceed. However, fulfilling promises is more virtuous.
8. Is it permissible for the bride-to-be to hold an engagement party where she sits with the groom while beautified?
No, it is not permissible for her to display adornment or beautify herself in front of the fiancé before the marriage contract, as he remains a stranger to her.
9. If the groom cancels the engagement, does he have the right to request the return of gifts or any amount paid toward the dowry?
Yes, he has the right to reclaim existing gifts and any payments made toward the dowry if the engagement is broken.
10. If one of the engaged couple dies before the marriage contract, does the other inherit, and is the bride-to-be required to observe a mourning period (‘Iddah)?
No, neither inherits from the other, and the bride-to-be is not required to observe ‘Iddat Al-Wafāt (mourning period) if the contract was not yet concluded.
Rulings Related to Concluding the Marriage Contract
1. Who is the authorized authority to conduct and register the marriage contract?
The Sharia courts are the sole authority responsible for conducting and officially documenting marriage contracts.
2. What is meant by an "unregistered (‘Urfī) marriage"?
Any marriage that is not officially documented by a Sharia court is considered ‘Urfī, whether the essential conditions of the marriage contract are fulfilled or not.
3. What are the risks of an ‘Urfī marriage?
The risks include deception and manipulation, the possibility of the contract being invalid or corrupt, the potential loss or denial of rights in the case of disputes or death, as well as suspicions that may lead to accusations or criminal charges.
4. What advice is given to someone who got married through an ‘Urfī contract and did not register it?
They should immediately visit the nearest Sharia court to confirm their marital status before a judge, so that the marriage can be documented in accordance with the proper procedures.
5. What is the legal age requirement for marriage?
The legal minimum age for both parties is 18 solar years. However, the judge may permit marriage at the age of 15 with the approval of the Chief Judge, based on specific regulations.
6. Is it permissible for a Muslim to marry a woman with whom his father or son has committed fornication (Zinā)?
No. Fornication establishes a prohibition of marriage (Maḥram relationship) by means of unlawful intimacy. Therefore, it is impermissible for either the son or father of the fornicator to marry that woman.
7. If Zayd was breastfed by Munā, is he prohibited from marrying all of her daughters?
Yes. The one who is breastfed becomes the son of the wet-nurse (woman who breastfed him). Therefore, she, her mother, her daughters, and her sisters all become forbidden for marriage to him.
8. If Zayd was breastfed by Munā, are Zayd’s brothers also prohibited from marrying Munā’s daughters?
No. The prohibition of breastfeeding (Raḍā‘ah) is specific to the child who was breastfed and does not extend to his siblings.
9. Does the prohibition of breastfeeding extend to the wet-nurse’s husband?
Yes. The prohibition of marriage through breastfeeding extends to the husband of the wet-nurse, his children, his parents, and his siblings.
10. What are the conditions of breastfeeding that establish a prohibition (Maḥramiyyah)?
The breastfeeding must occur five times or more and must take place before the child reaches the age of two lunar years.
11. What is the ruling if a husband violates a condition stipulated by the wife in the marriage contract (such as not marrying another woman)?
The wife has the right to request annulment of the marriage contract through the judge due to breach of the condition, and she retains all her marital rights.
Rulings Related to the Marriage Contract
A. After the Contract but Before Consummation
1. May the spouses communicate and express affection after the contract but before the wedding?
Yes. Once the marriage contract is concluded, it is permissible for the spouses to communicate and show mutual affection.
2. May the husband take his wife out for outings or travel without a Maḥram before the wedding?
While they are, from Islamic and legal perspectives, husband and wife and such actions are not Harām (prohibited), they should observe societal customs (‘Urf) and not overstep them to avoid undesirable consequences.
3. What is meant by lawful seclusion (Khalwah Shariah)?
Lawful seclusion occurs when the couple is alone in a place where they are safe from being interrupted and, if the husband wished to consummate the marriage, he could do so.
4. What is the Sharia effect of Khalwah after the contract but before consummation?
Full dowry (Mahr) becomes due to the bride, and if divorce occurs, she must observe the waiting period (‘Iddah).
5. Does the husband have the right to prevent his wife from going out or making decisions before the wedding?
No. His authority over her only begins when she moves into his home after the wedding.
6. May the husband demand physical intimacy or consummation before the wedding?
No. While they, from Islamic and legal perspectives, are married, societal norms delay consummation until after the wedding. Cultural norms (‘Urf) are binding like explicit conditions. The bride should not allow consummation before then.
7. What is the ruling if consummation occurs before the wedding?
The wife is entitled to her full dowry. Inheritance rights and ‘Iddah become applicable, and the husband has the right to take her back without a new contract or dowry if a divorce occurred.
8. What are the risks of consummation after the contract but before the wedding?
Risks include death, divorce, or exposure of the act, which may lead to loss of rights, disputed lineage, or negative reactions from the bride’s family.
9. What advice is given to couples who consummate the marriage before the wedding?
They are advised to hasten the wedding ceremony.
10. Do the bride’s mother and the groom’s father become permanently unmarriageable (Maḥram) after the contract but before consummation?
Yes. Permanent Maḥramiyyah due to in-law relations is established immediately upon the contract.
11. If the bride has a daughter from another man, does the husband become a Maḥram to her upon the contract?
No. In-law-based Maḥramiyyah with stepdaughters is not established until consummation with the mother.
12. Do the groom’s brothers, paternal and maternal uncles become Maḥram to the bride?
No. They remain non-Maḥram strangers before and after the contract.
13. Do the bride’s sisters, maternal and paternal aunts become Maḥram to the groom?
No. They remain non-Maḥram, and it is not permissible for them to uncover in front of him.
14. If the groom divorces the bride before consummation, does Maḥramiyyah with her mother cease?
No. The bride’s mother becomes permanently Harām for the groom upon the contract, and this status does not end with divorce or death.
15. If one of the spouses dies before consummation, does the other inherit?
Yes. The right to inheritance is confirmed upon conclusion of the contract, even if consummation has not occurred.
16. If one spouse dies before consummation, can the wife or her heirs claim her dowry?
Yes. She is entitled to the full dowry. If she passes away, her heirs are entitled to their share.
17. Does apostasy, such as cursing Allah or religion, affect the marriage contract before consummation?
Yes. The contract is nullified, and she does not return to him unless a new contract and dowry are offered with her consent after he repents.
18. If the husband pays the dowry and then demands that it be used to furnish the house (Jihāz), is he entitled to that?
No. The dowry is the exclusive property of the wife, and she cannot be forced to spend it on furnishing.
B. After the Contract and Consummation
1. If the husband commits apostasy by cursing Allah and religion, is the marriage nullified?
The marriage is suspended (not immediately void). The wife does not become divorced unless his repentance (by declaring the Shahādah) is completed before the end of her ‘Iddah. If not, the marriage is nullified, and a new contract is needed for remarriage.
2. Does anal intercourse nullify the marriage?
No. While a grave sin and a major offense (for which the Prophet cursed the one who does it), it does not invalidate the marriage. However, the wife may seek divorce due to harm, and she retains her full rights.
3. When is Ghusl (ritual bath) obligatory for either spouse?
Ghusl is obligatory after intercourse, even without ejaculation, and also after ejaculation even without intercourse (e.g., due to stimulation or a wet dream).
4. Are ablution (Wuḍū’), pouring water on the right side then left required parts of Ghusl?
No. The pillars of Ghusl are intention (Niyyah) and ensuring water reaches the entire body. The rest are Sunna.
5. Is it permissible for the husband to have intercourse with his wife during menstruation?
No. Intercourse during menstruation is Harām (forbidden).
6. What is permissible during menstruation?
The husband may touch or enjoy what is above the navel and below the knees, but what lies between them is forbidden. Physical touch is meant without a barrier.
7. Is it allowed for the husband to have intercourse with his wife after her period but before she bathes (Ghusl)?
No. Intercourse is not permissible until she completes her Ghusl following menstruation or postnatal bleeding.
8. Is anal intercourse permissible?
No. It is a major sin. The Prophet )PBUH) cursed the one who commits it. It is forbidden for both the husband to do and the wife to agree to.
9. Does the husband have the right to prevent his wife from working?
If she was working at the time of marriage or stipulated it in the contract, he may not prohibit her from working.
10. Does the husband have any right to take from his wife’s dowry, salary, or wealth?
No. The wife has full financial independence, and it is forbidden for the husband to take from her wealth without her consent.
11. Can a wealthy wife give her Zakāh to her poor husband?
Yes. A wife may give her Zakāh to her husband if he is poor or has an immediate debt.
12. Is the wealthy wife entitled to financial maintenance (Nafaqah) from her husband?
Yes. The husband is obligated to support her financially, regardless of her personal wealth.
13. What are the conditions of a proper (Shar‘ī) residence?
The marital home must be suitable for fulfilling religious and worldly needs and must ensure her safety and comfort.
14. Which relatives may the husband house without his wife’s consent?
He may house his underage children, daughters, and his poor parents if he cannot support them elsewhere, provided it does not harm the wife or interfere with marital intimacy.
Rulings that Follow the Termination of a Marriage Contract
First: Rulings Related to Termination of the Marriage Contract through Divorce
General Rulings on Divorce:
1. How many pronouncements of divorce does the husband possess upon contracting marriage with his wife?
Upon the marriage contract, the husband possesses three separate divorce pronouncements.
2. What is meant by revocable divorce (Talāq Rajʿī)?
It is a type of divorce in which the husband has the right to take his wife back during the waiting period (ʿIddah) without her consent and without a new marriage contract.
3. What is meant by minor irrevocable divorce (Baynūnah Sughrā)?
It is a divorce in which the husband does not have the right to take his wife back unless with a new contract, a new dowry (Mahr), and with her consent.
4. What is meant by major irrevocable divorce (Baynūnah Kubrā)?
It is a divorce in which the woman becomes prohibited to the man who divorced her, and she does not become lawful to him again unless she marries another husband, and he then divorces her or passes away, and her waiting period (ʿIddah) ends.
5. What is the meaning of explicit and implicit words of divorce?
• Explicit (Sarīḥ): Words that clearly and exclusively mean divorce, such as "You are divorced." Divorce occurs with these words without asking about intention.
• Implicit (Kināyah): Words that may mean divorce or something else, such as "Go back to your family." Divorce only occurs with these words if the husband intends divorce.
6. What should a man do if he utters words of divorce, whether in calmness or extreme anger?
He must consult the Iftaa` Department to determine the ruling. He is not allowed to issue a personal ruling for himself, even if he was in a state of extreme anger.
7. What is the ruling on saying to one's wife: "If you did such-and-such in the past, then you are divorced"?
If he conditions the divorce on a past action that she actually committed, then the divorce takes effect and he must refer to the Iftaa` Department.
8. If a husband says to his wife: "If you hit our child, then you are divorced," and she does hit the child, or if he says: "By divorce (Ali Al-Talaq)" or "By what is forbidden (Bil-Haram)," you will not do such and such, and she does it?
The husband must consult the Iftaa` Department. The matter will be examined by a mufti who will determine whether a divorce has occurred or not.
9. What is innovative divorce (Talāq Bidʿī), and what is its ruling?
It is divorce issued during menstruation or during a pure period in which intercourse occurred. Such a divorce is sinful but still takes effect.
10. Does divorce apply to a menstruating woman, a woman in postpartum bleeding, or a pregnant woman?
Yes, divorce applies in all these cases. However, divorcing a menstruating or postpartum woman is sinful. Regardless, anyone who divorces his wife in any condition must consult the Iftaa`Department.
11. What is the ruling on saying: "You are divorced, divorced, divorced" or "You are divorced three times"?
Out of compassion for the family, the Iftaa` Department adopts the scholarly view that considers this to be one instance of divorce. The husband must consult the Iftaa` Department in such cases.
12. What is the ruling on a man who divorces his wife with a revocable divorce (Talaq Raj'i), then divorces her a second time before taking her back?
Out of compassion and mercy for the family, the Iftaa' Department has adopted the juristic opinion of scholars who state that a second divorce does not take effect upon a woman observing her waiting period ('Iddah) from a revocable divorce. In this situation, the husband must refer to the Iftaa' Department.
13. Which authority determines whether a divorce has occurred and its type?
The General Iftaa` Department is the sole authority to determine whether divorce has occurred and what type it is. Anyone who utters words that may imply divorce must refer to it.
14. What documents are required when consulting the Iftaa` Department about a divorce?
The personal ID (civil status card), along with the marriage contract or the family book.
15. Who must be present in person to obtain a divorce fatwa?
The husband must be present in person to obtain a fatwa from the Iftaa` Department.
16. In what cases is the presence of the wife required at the Iftaa` Department?
Her presence is required if the divorce occurred before consummation of the marriage, in cases of a third divorce, if there is a possibility that her waiting period has ended, or in any other case the mufti deems her presence necessary.
17. Does the Iftaa` Department charge any fees for divorce fatwas?
No, the General Iftaa` Department does not charge any fees. All its services are free of charge.
18. What should a wife do if her husband refuses to go to the Iftaa` Department after divorcing her?
She can go to the Iftaa` Department and request a summons letter for the husband. If he refuses to comply, she may file for a divorce verification case at the Sharia Court after her waiting period ends.
Rulings Related to the Termination of a Marriage Contract by Divorce
A. Divorce before Consummation (Dukhool)
1. When is consummation (Dukhool) considered to have occurred between spouses, and is breaking the hymen a condition for it? For consummation to be considered as having occurred, it is sufficient to establish the insertion of the glans (head of the penis) of the husband into the wife's vagina, even if the hymen is not broken.
2. Is a woman divorced before consummation or before seclusion (Khalwah) required to observe an 'Iddah (waiting period)? A woman divorced before consummation or before seclusion is not required to observe 'Iddah. The husband who divorced her cannot take her back except through a new contract and a new dowry (Mahr), and with her consent.
3. Is a woman divorced after seclusion but before consummation required to observe an 'Iddah? Yes, a woman divorced after seclusion but before consummation is required to observe an 'Iddah, and she may not marry before its completion.
4. Does the husband who divorced his wife before consummation but after seclusion have the right to take her back during her 'Iddah? He does not have the right to take her back. However, he is permitted to remarry her with a new contract and a new dowry, and provided she consents, whether this is during her 'Iddah or after it.
5. What portion of her dowry is due to a woman divorced before consummation and before seclusion? A woman divorced before consummation and before seclusion is entitled to half of the stipulated prompt and deferred dowry.
6. What portion of her dowry is due to a woman divorced before consummation but after seclusion? A woman divorced before consummation but after seclusion is entitled to her full prompt and deferred dowry.
7. Does a new marriage contract with a woman previously divorced before consummation nullify the previous divorce pronouncement? No, a new contract with a woman divorced before consummation does not nullify that previous divorce pronouncement. If he remarries her with a new contract, he will only possess two further divorce pronouncements.
8. Is a wife considered divorced if her husband abandons her for more than a year? Abandonment does not constitute divorce, regardless of its duration. However, a wife who has been abandoned by her husband may take her case to a judge to request a divorce due to harm caused by the abandonment, and she will only be divorced by a judge's ruling.
B. Divorce after Consummation
First: Revocable Divorce (Talaq Raj'i)
1. When does a divorce become revocable? Every divorce is revocable except for: the third (final) divorce, divorce before consummation (even if after seclusion), divorce for compensation (money), divorce due to discord and dispute, and Khulu'.
2. Is revocable divorce related only to the first pronouncement? No, the second divorce pronouncement is treated the same as the first. The husband has the right to take his wife back during the 'Iddah of the second pronouncement, unless the second pronouncement was initially an irrevocable minor divorce (Bainunah Sughra).
3. Where does a woman observing 'Iddah from a revocable divorce spend her waiting period? A woman observing 'Iddah from a revocable divorce spends her waiting period in the marital home. She commits a sin if she leaves it without an acceptable excuse.
4. Is it forbidden for a woman observing 'Iddah from a revocable divorce to display her adornments to her husband during the 'Iddah? It is not forbidden for a woman observing 'Iddah to display her adornments to her husband; in fact, it is recommended for her to do so.
5. Must a woman who is observing revocable divorce leave the marital home merely because she has been divorced? No, it is forbidden for a woman observing 'Iddah to leave the marital home merely because of her revocable divorce. If she is outside, she must return to it. It is also forbidden for her family to prevent her from returning, except for an acceptable excuse.
6. Is it permissible for a man to expel his revocable divorced wife from her home? It is forbidden for a man who has revocable divorced his wife to expel her from his home before the expiration of her 'Iddah.
7. What is the duration of the 'Iddah for a revocable divorced woman? The duration of the 'Iddah for a revocable divorced woman is three menstrual cycles for those who menstruate, three months for those who do not menstruate, or delivery (childbirth) or the expulsion of a fetus with clear human features for a pregnant woman.
8. How does a husband take back his revocable divorced wife? The husband takes back his wife verbally by saying: "I have taken you back into my marriage bond and contract," or by action through resuming marital relations or their preliminaries during the 'Iddah.
9. Does a revocable divorced woman have the right to refuse her husband's reconciliation during her 'Iddah? A revocable divorced woman does not have the right to refuse her husband's reconciliation, and her consent is not a condition. Rather, she becomes his wife again merely by her husband saying, "I have taken you back," even if she is at her family's house and has not returned.
10. Is it permissible to implicitly or explicitly propose marriage to a woman observing 'Iddah from a revocable divorce? It is forbidden to explicitly or implicitly propose marriage to a revocable divorced woman during her 'Iddah because she is still considered his wife.
11. What happens if the 'Iddah period of a divorced woman expires without her husband taking her back? The revocable divorce becomes an irrevocable minor divorce (Bainunah Sughra). In this case, the husband can only remarry his divorced wife with a new contract and a new dowry, and with her consent.
12. What rights are established for a revocable divorced woman if she becomes irrevocably divorced upon the expiration of her 'Iddah? A woman whose 'Iddah has ended and whose husband has not taken her back is entitled to her full dowry. He cannot remarry her except with a new contract and a new dowry, and provided she consents.
13. When will a divorced woman's claim of 'Iddah completion by menstruation be accepted? A divorced woman's claim of completing her 'Iddah by three menstruations is not accepted before 60 days have passed since her divorce, and she is not permitted to marry before 90 days have passed since her divorce.
14. What is the ruling on someone who swears not to approach his wife for 4 months or more? If someone swears to abstain from sexual intercourse with his wife for 4 months or more, or without specifying a period, and persists in his oath until 4 months have passed, the judge will issue a revocable divorce against him.
15. What should someone who swears not to have sexual intercourse with his wife do? He should expiate his oath by feeding ten needy people.
16. What is the ruling on someone who says to his wife: "You are to me like my mother's back (Anta 'Alayya Ka-Dhahr Ummi)" (Zihar)? It is not permissible for a man who has made a Zihar oath to touch his wife before he expiates his Zihar oath. If he refuses to expiate, and the wife requests a separation due to his refusal to expiate, the judge will give him a 4-month grace period. If he does not expiate during this period and has no valid excuse, the judge will issue a revocable divorce against him, unless it completes three divorces.
17. What is the expiation for someone who makes a Zihar oath to his wife? The expiation for Zihar in our time is: fasting for two consecutive months. If one is unable, then feeding 60 needy people.
Second: Irrevocable Minor Divorce (Talaq Bainunah Sughra)
1. When does a divorce become an irrevocable minor divorce? Divorce becomes irrevocable minor directly if it occurs before consummation (even if after seclusion), for compensation (money), due to discord and dispute, or through Khul', and upon the expiration of the 'Iddah from a revocable divorce.
2. Is it permissible for a man who has divorced his wife with an irrevocable minor divorce to remarry her with a new contract before the end of her 'Iddah? It is permissible for a man who has divorced his wife to remarry her with a new contract and a new dowry, and with her consent, before the end of her 'Iddah.
3. The judge ruled a separation between them due to discord with an irrevocable minor divorce. Is it permissible for the husband to take his wife back if they reconcile during the 'Iddah? A judge's ruling of divorce due to discord results in an irrevocable minor divorce. Thus, the husband does not possess the right to unilaterally take her back during the 'Iddah. However, he can remarry her with a new contract and a new dowry, provided she consents. If she refuses, she cannot be compelled.
4. When does a divorce transform from revocable to irrevocable minor? A revocable divorce transforms into an irrevocable minor divorce when the 'Iddah ends by the passage of its time, or by childbirth, or by the expulsion of a fetus.
5. If he remarries his wife with a new contract after a first irrevocable divorce, does he possess 3 new divorce pronouncements with the new contract? No, the previous divorce remains and is not nullified. With the new contract, he only possesses two further divorce pronouncements.
6. If a man divorced his wife with an irrevocable divorce to obtain official papers for immigration, can he remarry her without a new contract? It is not permissible for him to remarry her, even during the 'Iddah period, except with a new contract, because the divorce was an irrevocable (Bai’n) divorce, not a revocable one.
7. Does marriage to another husband nullify an irrevocable minor divorce from the first husband? Yes, it nullifies it, provided consummation occurs with the second husband. Merely a contract without consummation does not nullify it.
8. What is the amount of compensation the judge awards to a woman whose husband divorced her without a reasonable cause? The judge will rule a compensation (Nafaqah) of no less than one year and no more than three years for a woman who requests compensation for arbitrary divorce, based on the husband's financial situation (ease or difficulty).
Third: Irrevocable Major Divorce (Talaq Bainunah Kubra)
1. When does a divorce become an irrevocable major divorce? The divorce that completes the three pronouncements becomes an irrevocable major divorce. The divorced woman becomes forbidden to her husband and is not lawful for him until she marries another husband.
2. If the third divorce is issued by the husband, what action must the spouses take? They must treat each other as strangers (non-Mahrams) and promptly refer to the Iftaa' Department to verify the occurrence of the divorce.
3. Where does a woman observing 'Iddah from an irrevocable major divorce spend her waiting period? A woman observing 'Iddah from an irrevocable major divorce spends her waiting period in the marital home if possible. Seclusion between her and her ex-husband is forbidden during this time because he has become a stranger to her.
4. What are the consequences of an irrevocable major divorce being confirmed? If confirmed, the spouses become strangers (non-Mahrams) to each other, and the divorced woman becomes temporarily forbidden to her husband.
5. If a woman irrevocably divorced by her first husband marries another man and he divorces her before consummation, is she lawful for her first husband? A woman divorced for the third time is not lawful for her first husband until after she marries another man and that marriage is consummated in a valid way, and after that second husband divorces her and her 'Iddah from that divorce ends.
6. What is the ruling on a man agreeing with a Muhallil - one who marries to make a woman lawful for her previous husband-to marry his irrevocably divorced wife and then divorce her to make her lawful for him? Such an agreement is forbidden (haram). The Messenger of Allah (peace be upon him) cursed those who do this and called such a man "the borrowed Billy goat."
7. Is it permissible to implicitly or explicitly propose marriage to a woman observing 'Iddah from an irrevocable divorce or from widowhood? It is permissible to implicitly propose marriage to a woman irrevocably divorced or a widow, but it is not permissible to explicitly do so.
Second: Rulings Pertaining to the Termination of a Marriage Contract by Annulment (Faskh)
1. What is the meaning of annulling a marriage contract (Faskh)? The meaning of Faskh is the termination of the marriage contract by a judge's ruling, without it being considered a divorce (Talaq).
2. In which cases does a judge rule for the annulment of a marriage contract upon the request of one of the spouses? A judge rules for annulment in cases of Khulu`, absence, apostasy (Riddah), inability to pay the prompt dowry, defects (Uyub), imprisonment, prolonged absence and abandonment (Hajr), and failure to fulfill a condition of the marriage contract.
3. Does the wife lose her right to the deferred dowry in the aforementioned cases of annulment? The wife does not lose her right if the annulment is due to a reason originating from the husband's side. She loses it if the annulment is due to a reason originating from her side.
4. After the marriage contract, she discovered that it was impossible for her to complete the marriage, so she requested annulment. What is required of her? She should refer her case to the judge, who will appoint two arbitrators. If reconciliation is impossible, the court will oblige her to return what was paid of the dowry, gifts, and marriage expenses. The judge will then rule for the annulment of the contract.
5. When is it permissible for the wife to request the annulment of the marriage contract due to inability to bear children? It is permissible for her to do so after 5 years from the date of consummation, provided she has no child, her age does not exceed 50 years, and her husband's sterility and her own fertility are confirmed.
6. When is a marriage contract annulled due to absence (Faqd)? The judge will postpone the request of the missing person's wife for the annulment of her marriage contract due to the harm caused by her husband's prolonged absence. This period is 4 years from the date of his disappearance in a state of security, and one year in times of war and disaster. If no news can be obtained about him and the wife insists on her request, the judge will annul their marriage contract.
7. What are the defects that entitle spouses to request the annulment of the contract? These are defects that prevent the completion of consummation with the wife, such as Qarn (an abnormal growth in the vagina) and Ratq (vaginal occlusion) in women, and Jubb (amputation of the penis), 'Unnah (impotence), and Khisa (castration) in men. It also includes repulsive defects that make living together impossible without harm, such as leprosy, vitiligo, and AIDS, provided that the other party was not aware of it or consented to it beforehand, and is free from such defects.
Third: Rulings Pertaining to the Termination of a Marriage Contract by Death
1. What is the 'Iddah (waiting period) for a widow? The 'Iddah for a widow is 4 months and 10 days, or 130 days. For a pregnant widow, her 'Iddah ends with childbirth or miscarriage, regardless of how short the duration.
2. Does a widow who has not yet experienced consummation (Dukhool) observe an 'Iddah? Yes, she observes the 'Iddah of a widow.
3. If a man divorced his wife with a revocable divorce (Talaq Raj'i), and then he passed away during her 'Iddah, what is her 'Iddah? Her 'Iddah changes to that of a widow, and it begins from the date of his death.
4. Does a widow have the right to claim her deferred dowry? The deferred dowry is a debt upon the deceased. The wife's right to claim it is established and is not forfeited by death.
5. If the wife passes away, is her deferred dowry forfeited? The wife's deferred dowry is not forfeited by her death; rather, her heirs have the right to claim their share of it.
6. Does a widow have the right to claim maintenance ('Iddah expenses) during her 'Iddah? A widow does not have the right to claim maintenance during her 'Iddah, even if she is pregnant.
7. Where does a widow observe her 'Iddah? A widow observes her 'Iddah in the marital home.
8. Is it permissible for a woman observing 'Iddah (in an apartment building) to visit her female neighbor? It is permissible for a woman observing 'Iddah to visit her female neighbor during the daytime.
9. Is it permissible for a widow observing 'Iddah to answer the phone? A widow observing 'Iddah is not prohibited from answering the phone.
10. Is it permissible for a woman observing 'Iddah to spend the mourning days outside the 'Iddah home? It is not permissible for a woman observing 'Iddah to spend the mourning days outside the 'Iddah home.
11. Is it permissible for a widow observing 'Iddah to attend knowledge lessons in centers and mosques? It is not permissible for a woman observing 'Iddah to go out to attend knowledge lessons, but there is no objection to holding them in her home.
12. Is it permissible for a widow observing 'Iddah to sit with non-Mahrams (unrelated men) if a Mahram (close male relative) is present? It is not permissible for a widow observing 'Iddah to sit with non-Mahrams without necessity, even if a Mahram is present.
13. When is it permissible for a widow to observe 'Iddah in a home other than the marital home? It is permissible for her if she feels lonely, or fears for her safety, or if there is no one to serve her in the 'Iddah home and she is in need of such service.
14. What are the reasons that permit a woman observing 'Iddah due to death of husband to leave her home? It is permissible for a woman observing 'Iddah to leave for medical treatment, or for work that she cannot do without, or to attend to essential needs and transactions that she cannot find anyone else to perform for her.
15. Is it permissible for a widow observing 'Iddah to travel for Hajj? It is forbidden for a woman observing 'Iddah due to death of husband to travel before the end of her 'Iddah, even if it is for Hajj.
16. Is it permissible for a widow observing 'Iddah to adorn herself during the 'Iddah? It is not permissible for her to adorn herself, even inside the house. Rather, she must remove any jewelry she is wearing.
Note: The rulings in this leaflet adhere to the Jordanian Personal Status Law of 2010 and the fatwas of the Jordanian Iftaa' Department.
