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

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

Is the one who gives up on marriage because he can`t afford it considered sinful?

Marriage is desirable, but one who can`t afford it isn`t considered sinful. However, he should supplicate to Allah, and seek His forgiveness.

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 someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.