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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

My husband has deprived me of visiting my family and is threatening to take my 7-month-old baby girl. Is he entitled to do so?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Your question is unclear, but family visitation is a legitimate right of yours. However, if he deprives you from this, try to convince him with wisdom and fair preaching. If there is a problem between you two, try to fix it. As for your daughter, you are most entitled to her custody anyway. Even if he divorced you, the girl remains under your care so long as you don`t get married. And Allah The Almighty Knows Best.

I went to the health center today to take an intramuscular injection of Neurorubin B12. The nurse told me that this type of injection breaks the fast because it nourishes the body. Is this true? I have heard that intramuscular injections do not break the fast, but I was unsure about this type, so I decided not to take the injection.
 
 
 
 
 

Therapeutic injections administered subcutaneously or intramuscularly do not invalidate the fast because they do not enter the digestive tract through an open passage. However, intravenous injections containing nutritional fluids do break the fast, as they are akin to food and drink in effect. The B12 injection is a therapeutic injection and does not break the fast. And Allah Knows Best.
 
 
 
 
 
 

Is it permissible for a woman to adorn herself with kohl (eyeliner) and go out wearing it?

Kohl is a form of adornment, and it is forbidden for a woman to display her adornment to anyone other than her husband or a Mahram. And Allah Knows Best.

What is the Iddah period upon death of husband? What is the ruling when the woman observing Iddah after death of husband leaves her home to visit relatives although her Iddah hasn`t ended? What is the ruling on her wearing gold during Iddah period?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
For a woman whose husband has died, the 'Iddah*  is four months and ten days after the death of her husband. If a woman is pregnant, the 'Iddah lasts until she gives birth. Moreover, she has to mourn, not wear gold, perfume nor saffron-colored garment. The evidence on this is that The Prophet (PBUH) said: "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days." [Agreed upon]. And Allah The Almighty Knows Best.
 
*The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

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