Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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 a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

Which is better, to pray at a prayer place (Musala) whereas many people pray in it, or at a near by mosque in which a few people perform prayer?

Praying at the mosque that has a bigger number is better so long as the number of praying people at the other mosque permits performing prayers in congregation. And Allah Knows Best.

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 it permissible for one to masturbate in order not to commit fornication?

This is called committing the milder of the two evils such as eating a carcass in fear of death, and this happens when committing fornication is very likely to occur.