Self-Issued Verdicts: Nullifying One of the Three Divorces After Final Separation Has Occurred

In the Name of Allah, the Most Merciful, the Bestower of Mercy…

QUESTION posed to the virtuous Shaykh, Dr. Arafat al-Muhammadi, may Allah preserve him, from his brothers at al-Masjid al-Awwal, in the city of Pittsburgh, Pennsylvania, in the United States of America. [1]

As Salaamu ‘Alaikum wa Rahmatullaahi wa Barakaathu… There has occurred in America, where there are no Islamic courts, instances of a man who divorces his wife with the third legislated divorce, and he takes witnesses to that effect, and then he desires to return to his wife that he has irrevocably divorced so he thinks about the number of divorces that he has issued and cancels one of them having decided this for himself, without returning the matter to the People of Knowledge, nor to those able to judge correctly in the affair, that it is permissible for him to continue to live with his wife by taking her back, or marrying her with a new contract, or simply returning to her as if nothing ever happened. Many of these husbands claim that one of the three divorces was incorrect (did not take effect) due to his anger, and then he and his wife mutually agree that only two divorces actually occurred; thus, they return to marital life despite having taken members of their community as witnesses to the third and final irrevocable divorce. This is done in opposition to the advice given to them by their teachers in the Islamic Centers (of their city) and the responsible parties therein (i.e. masjid administrators). So, what is your advice to these men and women who are in this circumstance? What advice do you have for the Islamic centers there (dealing with these issues)? How do they (administrators) handle such evil occurrences? May Allah reward you with good.

Masjid Administration

ANSWER:

Wa ‘Alaikum Salaam wa Rahmatullaahi wa Barakaatuhu…

We say to these individuals that they must fear Allah within their own selves and be aware of Him; for whomsoever seeks to deceive Allah, then Allah deceives them. This woman is no longer permissible for him until Continue reading

Shaykh ‘Ubayd al-Jaabiree on Neglecting Child Support

In the Name of Allah, the Most Gracious, the Ever Merciful…

The respected scholar of al-Madeenah, Aboo ‘Abdil-‘Azeez ‘Ubayd ibn ‘Abdillaah ibn Sulaymaan al-Jaabiree al-Hamdaanee (may Allah preserve him) was asked the following question:

One of my relatives divorced his wife and left his three children with her, and then refused to spend on the children, assuming himself to be free of them. He has continued in this way [of dealing with the matter], and he is still doing this now. What would you advise him with? May Allah reward you.

The shaykh replied (may Allah bless and preserve him): Continue reading

Correction: The Widow’s Period of Mourning (‘Iddah) and Her Prayer (No Connection)

In the Name of Allaah, the Most Gracious, the Ever Merciful…

In an audio clip uploaded to YouTube entitled, “The Concern of Giving Full Preference to the Kaafir Calendar,” (15 min., 35 sec.) I became confused about an issue and spoke incorrectly.

Discussing the harms of living by the Gregorian calendar, I mentioned the point of the ‘iddah (mourning period) of the widow – four months and ten days. After mentioning the difference of two or three additional days that would be mistakenly included within her ‘iddah by following the Gregorian calendar, I then erred by mentioning that she would begin making her prayers up a few days late, since she would not be praying during her ‘iddah.

This is clearly erroneous, as there is no connection between the mourning period and performing the prayer or leaving it. To be absolutely clear: Women leave their prayers during their menses, not during their ‘iddahs.

While I am personally very embarrassed about this error, it is my duty to correct it using my available resources. I hope that my brothers and sisters would help me by informing anyone who has uploaded it about this retraction. Then, it could be edited out (15:35 to 16 minutes), along with a reference to this article. If it cannot be edited, then at least let it be paired with the retraction.

May Allaah bless the sister who informed me of the mistake, and may Allaah bless all of those who help me to correct it.

And Allaah knows best.

Written by: Moosaa Richardson