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

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

What is the ruling of Islamic Law on working in hotels?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to work in hotels, restaurants, and shops in jobs that involve no direct handling of forbidden things and do not assist in them, such as administrative work.
As for jobs in which one directly handles forbidden things or assists in them, such as serving, transporting, or purchasing alcohol, receiving payment for it, or agreeing to buy it, working in them is forbidden, based on the saying of Allah the Mighty and Majestic: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.” [al-Māʾidah/2]
The basic nature of the work of hotels and restaurants is permissible, and the sin of any forbidden element that arises incidentally in some of what takes place in a hotel or restaurant is borne by those who run it.
The scholars have also permitted dealing with one whose lawful wealth is mixed with unlawful wealth, as previously explained in Fatwa no. (2697). And Allah Almighty knows best.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

What is the virtue of Laylat al-Qadr?

It is enough to know its great status that Allah revealed an entire surah about it—Surah Al-Qadr. Moreover, the Quran was first revealed on this night.
Allah says {what means}:
"We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by Allah's permission, on every errand: Peace!... This until the rise of morn!" [Al-Qadr/1-5]
The Prophet ﷺ taught us to observe I‘tikaf in the last ten nights of Ramadan, seeking Laylat al-Qadr. Whoever worships Allah and revives this night will receive the reward of worshiping for a thousand months—excluding Laylat al-Qadr itself.