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 for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1-It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin. The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim]. If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2-It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter. The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3-The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4-The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat. Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118]. It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5-The slaughterer should pray for the sacrifice to be accepted by saying: "O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni). And Allah the Almighty knows best.

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.