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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(63): “Ignorance of Spouses Regarding the Necessity of Renewing their Marriage Contract after Minor Revocable Divorce“

Date: 5/3/1424 AH corresponding to 7/5/2003 AD.

 

The Board received the following question:

I made revocable divorce to my wife in return for absolution after the consummation of the marriage contract. Later on, I went to my wife and her family and showed remorse over what I have done. I expressed my wish to take her back and after prolonged discussions, I managed to convince them to do so. However, being ignorant of the Sharia ruling in this regard, I took her home without renewing our marriage contract and we lived together and had a number of children. We have recently realized that we should have renewed our marriage contract. Now, we are perplexed as to what we are supposed to do, would you please guide us to do what is right in our situation?

Answer: All success is due to Allah.

The Board is of the view that due to the ignorance of both spouses as regards the ruling of Sharia on their divorce and its consequences, they should make repentance and seek forgiveness for the period, which they spent without renewing their marriage contract. They should also renew their marriage contract, and the children born during that period are considered theirs because they begot them while being ignorant of the Sharia ruling in question. 

And Allah Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                Dr. Mohammad Abu Yahia     

    Dr. Ahmad Hilayil       

       Dr. Yousef Gheezaan   

Dr. Wasif Al-Bakhri

     Sheikh Saeid Hijjawi   

           Sheikh Naeim Mujahid      

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Summarized Fatawaa

Is the Saum (Fasting) of someone who ate and drank forgetfully while offering fasting of oath expiation invalidated?

Whosoever eats, or drinks forgetfully is exempted by Allah; therefore, he/she shouldn`t break their fast whether it was obligatory, non-obligatory, or expiatory. And Allah Knows Best.

I am a woman, and my natural menstrual cycle lasts six days. In the evening, I perform the testimony (Tashahhud) for myself, and then I engage in sexual intercourse with my husband. After intercourse, I experience bleeding, either immediately or the next day. Is my intercourse with my husband during this time forbidden?
 

It seems that your menstrual cycle lasts seven days, not six. Therefore, you should wait until the bleeding stops, then perform ghusl and pray. And Allah Knows Best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

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