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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 it permissible for the guardian to give Sadaqa( voluntary charity )from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

Is it permissible to make up for the missed fasts of the deceased?

A deceased`s missed fasts should be made up for by his/her guardian. It is also permissible to make up for the missed fasts of a deceased relative, and to pay a ransom in expiation for the latter`s missed fasts, which is feeding a needy person for every missed day. However, the guardian`s permission need to be sought by the non-relatives of the dead to fast on his behalf .

Has Islam made it incumbent on us to give our children particular names?

No, it hasn`t, but it is desirable that we give them good names.

I have vowed that if Allah gave me what I wanted so bad, I would fast every Monday and Thursday to the rest of my life; unless there is a valid excuse hindering me from doing so. Fortunately, Allah gave me what I wanted, so I started fasting Mondays and Thursdays; however, I stopped out of laziness. What is the Sharia ruling on this?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Allah The Almighty described the righteous people of Jannah where He Said (What means): "They perform (their) vows, and they fear a Day whose evil flies far and wide." [Al-Insan/7]. Accordingly, you must do your best to fulfill your vow. However, if you are unable to do so, then feed a poor person for every missed day of fast (About half a JD), and if you are unable to do that, then offer expiation for breaking a vow, which is feeding ten poor Muslims (About half a JD for each), ask Allah for forgiveness and increase remembrance of Him. And Allah The Almighty Knows Best.
 

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