Resolutions of Iftaa' Board



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

Is it permissible to delay menses by using medication in order to fast Ramadhaan?

It is permissible for a woman to use medication in order to delay her menses so that it becomes eligible for fasting Ramadhaan, but it is better that she doesn`t do so, and taking the medication is prohibited if she, or her doctors knew that it involves risk on her health. And Allah Knows Best.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

Is it permissible for one to give the Zakah (obligatory charity) to his indebted brother?

It is permissible for one to give the Zakah to his brother if he was indebted, or poor.