Request to renew the marriage contract with another official due to a personal dispute with the first official
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Fatwa No. ( 20951 )
Q: I have a relative who previously married one of his daughters to a man. A licensed Islamic official authorized by the Sharia court conducted the marriage contract. The husband consummated the marriage with the wife in the lawful manner, and the couple spent a period of time together. However, a misunderstanding arose between my relative and the Islamic official regarding other matters unrelated to the marriage. My relative swore an oath to have the marriage contract redone with another official. The daughter’s husband refused to comply with their request. We tried several times to persuade him to abandon this stance, but he refused to cooperate and cut off ties with his daughter and her husband until they fulfill his request to redo the marriage contract. Does the Shari'ah permit this, or is it not permissible to fulfill this request? I ask for your guidance, may Allah reward you for this matter, so that I may use your fatwa to persuade my relative; perhaps Allah will rectify his situation with his daughter and her husband after he hears your fatwa.
A: The wife's father requested that her marriage contract be renewed before a different mu'adhdhin, solely due to a misunderstanding that occurred between him and the first mu'adhdhin who had certified the marriage contract for his daughter some time ago. This request is not permissible and has no justification. He should not be granted this request. As long as the previous contract fulfills the conditions and pillars of marriage and is free from its impediments, it is a valid contract. One should not manipulate the rulings of Allah for the sake of taking revenge or merely out of resentment and discord. The wife's father must pay the expiation for an oath, as he is unable to fulfill what he swore to do. We advise him to guard his oaths and not make Allah a target of his oaths.
Allah the Exalted said: And He the Exalted said: [Al-Baqarah 2:224] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a relative who previously married one of his daughters to a man. A licensed Islamic official authorized by the Sharia court conducted the marriage contract. The husband consummated the marriage with the wife in the lawful manner, and the couple spent a period of time together. However, a misunderstanding arose between my relative and the Islamic official regarding other matters unrelated to the marriage. My relative swore an oath to have the marriage contract redone with another official. The daughter’s husband refused to comply with their request. We tried several times to persuade him to abandon this stance, but he refused to cooperate and cut off ties with his daughter and her husband until they fulfill his request to redo the marriage contract. Does the Shari'ah permit this, or is it not permissible to fulfill this request? I ask for your guidance, may Allah reward you for this matter, so that I may use your fatwa to persuade my relative; perhaps Allah will rectify his situation with his daughter and her husband after he hears your fatwa.
A: The wife's father requested that her marriage contract be renewed before a different mu'adhdhin, solely due to a misunderstanding that occurred between him and the first mu'adhdhin who had certified the marriage contract for his daughter some time ago. This request is not permissible and has no justification. He should not be granted this request. As long as the previous contract fulfills the conditions and pillars of marriage and is free from its impediments, it is a valid contract. One should not manipulate the rulings of Allah for the sake of taking revenge or merely out of resentment and discord. The wife's father must pay the expiation for an oath, as he is unable to fulfill what he swore to do. We advise him to guard his oaths and not make Allah a target of his oaths.
Allah the Exalted said:
And keep your oaths
وَاحْفَظُوا أَيْمَانَكُمْAnd do not make [your oath by] Allah an excuse
وَلاَ تَجْعَلُوا اللَّهَ عُرْضَةً لأَيْمَانِكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.