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Resolutions of Iftaa' Board

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

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

What is the difference between Tahajjud prayer and night prayer, and do they have a particular Witr prayer other than that of Isha (evening prayer)?

Tahajjud and Qiyam-Al-Lail (night prayer) are two words for the same meaning which is offering voluntary prayer at night after sunset, but before dawn break. However, Tahajjud is offered after waking up; whereas, Qiyam-Al-Lail is permissible before sleeping, or after it. Therefore, every Tahajjud is a Qiyam, but not every Qiyam is a Tahajjud. Moreover, there is no specified Witr for both of them, but Witr after Isha is by itself the Witr of Qiyam, and it is a Sunnah to postpone it until after Qiyam if the worshiper thought that he was most probably going to wake up in order to offer it, but if he wasn`t sure of waking up, then he is at liberty to offer it before going to bed as was reported in the Prophet`s Hadith.

Is it permissible for the doctor to uncover the hair of a female patient out of necessity?

It is only permissible for him to do so when there is no female doctor, and he should examine the patient in the presence of one of her Mahrams (unmarriageable kin).

What is the ruling on visiting a deceased's grave and supplicating Allah for him by his wife? Is the reward of reciting verses of the Holy Qur'an reaches the deceased?

There is no harm on visiting graveyard by woman with the intention of piety so long as they are dressed in accordance to the Islamic teachings. We ask Allah, The Almighty that the reward of reciting the Holy Qur'an on dedicated to the deceased reaches him. And Allah Knows Best.

Are phone conversations between the two sexes permissible if for consultation, and within the limits of good manners?

Such act is impermissible since it renders hearts corrupt, and could lead to forbidden attachment. Allah, The Almighty, Says (What means): "and follow not the footsteps of the devil." [Al-Baqarah/68].

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