Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(96): "Dissolution of a Christian Woman`s Marriage Contract with Christian Husband upon her Conversion to Islam"

Date Added : 08-02-2018

Resolution No.(96) by the Board of Iftaa`, Research and Islamic Studies: "Dissolution of a Christian Woman`s Marriage Contract with Christian Husband upon her Conversion to Islam"

Date: 18/12/1426 AH, corresponding to 18/1/2006 AD.

 

 

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The Board reviewed the letter sent from the Chief Justice to His Eminence the Grand Mufti (17/8/2006) with which was enclosed the letter of the General Manager of Civil Status & Passports Department along with other documents originally addressed to the Chief Justice. The letter read as follows:

Mr. (S), a Moroccan man married to Mrs. (O) according to a Certificate of Sharia Court Marriage (8/8/2005) issued by the Sharia Court of Salt City, submitted a request to obtain a civil record and a family register, enclosing a parentage confirmation certificate (11/8/2005) for his children (Rami, Ramzi, Mohammad and Randa). It is worth pointing out that Rami was born on February the 2nd, 1988. It was made clear to the Board, based on records, that the wife (O), formerly Christian and  registered included in the civil record of her first husband, holds an Ecclesiastical Marriage Dissolution Certificate (10/12/1988).

Based on the above facts, it was made clear that the parentage confirmation certificate contradicts with the provisions of article (22) of the Civil Status Law (9/2001). This article states: "To the exclusion of articles (19), (20), and (21), the clerk is banned from mentioning the name of the father or mother or both, even if he was asked to do so in any of the following two situations:

One: They are within the prohibited degree of marriage

Two: The mother is married to another man for Rami was born during her being married to another man.

Answer:

It was made clear to the Board, based on Mrs. (O) certificate of conversion to Islam issued from the Sharia Court of Salt City (No. 53/93/7, 8/8/2005) in which she confirmed having embraced Islam for over twenty years, and since the majority of the Muslim scholars have agreed that separation is expedited between the non-Muslim spouses once the wife embraces Islam and the husband maintains his faith without the latter`s refusal to convert to Islam contrary to the Hanafie school of thought (Madhab). Accordingly, and opting for the view of the majority of the Muslim scholars, the marriage contract of Mrs. (O) with her former Christian husband (R) is considered dissolved upon her conversion to Islam twenty years ago. Since she visited the Iftaa` Dept. on November 16th, 2005 and submitted a petition in which she clarified that she had observed Iddah (Waiting period after death of husband or getting divorced) of her already dissolved marriage contract and wasn`t pregnant and her Iddah had ended before her second marriage to a Muslim husband and since both (S & O)mutually confirmed that their marriage contract was concluded on October 13th, 2005 with their mutual consent based on a Certificate of Sharia Court Marriage issued by the Sharia Court of Salt City (No. 67/8/65, 8/8/2005), the dissolution of her first marriage contract with her Christian husband on basis of the Ecclesiastical Marriage Dissolution Document issued by the Greek Orthodox First Instance Court (Amman, 10/12/1988) is pointless because that contract has already been dissolved. On this basis, Rami, born 21/2/1988, was the fruit of a valid marriage contract between Mrs. (O) and Mr. (S), and his father is Mr. (S) as confirmed by the Parentage confirmation certificate issued by the Sharia court of Salt city (No.144, 11/8/2005). And Allah Knows Best.

 

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi

Dr. AbdulMajeed Al-Salaheen

Dr. Abdulsalam Al-Abbadi

Dr. Ahmad Hilayel

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Dr. Abdukareem Al-Khasawneh

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

Do ear and nose drops break the fast?

 
Yes, ear and nose drops break the fast because both the nose and ears are open passages to the body cavity.

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.