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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

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.

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