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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If they come to us before the contract is concluded, we conclude it according to our ruling. And if they come to us after it, or if the husband and wife convert to Islam and the woman is permissible, then we ratify it. And if she is one whose initial marriage is not permissible...

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The Shaykh :"If they come to us before the contract is concluded" means they appealed to us before the contract was concluded. "We conclude it according to our ruling" Yes, because Allah says
And if you judge, judge between them with justice وَإِنْ حَكَمْتَ فَاحْكُمْ بَيْنَهُمْ بِالْقِسْطِ
[Al-Ma'idah 5:42]
and that is the Shari'ah. So if they come to us at the time of the contract, and a Zoroastrian comes to us saying, "Conclude a marriage for me to my daughter," how can it be to your daughter? He says, "Yes, I believe the marriage is valid, conclude it for me." Do we conclude it? No, because if we concluded it, we would commit a sin; we would commit what we believe to be a sin, so we do not conclude it. Another disbeliever comes to us and says, "Conclude a marriage for me to such-and-such a girl; she is not one of my prohibited relatives." We say, "Okay." And the guardian says, "The guardian is herself." Do we conclude it? No. Is 'Abd al-Qadir present? He is not present, because he knows the Hanafi school. Do we conclude it for her if we are on the Hanafi school? Yes, because they believe in its validity. But according to the opinion of the majority, which is the correct one, we do not conclude it for him. A guardian is necessary. That is why he said, "We conclude it according to our ruling." "And if they come to us after it" If they come to us after the contract, we look at the situation. If the woman is in a state where she is permissible for him, we leave them as they are. If she is not permissible for him now, we separate them. When is this? If they come to us after the contract. An example of this is a disbeliever who married a woman during her waiting period, then came to us to have a marriage document written for him. The waiting period is still ongoing. Do we write him a document? Why? Because the woman is not permissible for him now. How can we give him a contract validating the marriage when she is not permissible for him? So we do not give it to him because she is not permissible for him now. If he came to us having married her during her waiting period, and she remained in the waiting period until it ended, and then he came to us wanting to prove this marriage after the waiting period has ended, do we rule in its favor or not? Yes, we rule in its favor because the obstacle has been removed. And he believes the marriage is what? Valid. Is it not clear to you? The apparent meaning is clear. Okay, this is a man who married a woman and came to us before he concluded the contract and said, "Conclude it for me to her." She is now in a waiting period because her husband died first, and she is now in the waiting period. Do we conclude it for him? Why? Because she is not permissible for him. A woman in a waiting period is not permitted to marry anyone other than her husband. So we do not conclude it for him. He concluded it to her without us; he did not come to us to conclude it, but when he concluded it, he came to us to get a document of the contract. Do we give him a document? No, there is a distinction. If she is still in the waiting period, we do not give it to him because she is not permissible for him now. If the waiting period has ended, we give it to him because she is permissible for him now. The summary is that if they appeal to us before the contract, we conclude it according to our ruling. If they appeal to us after the contract, we look at it. If the woman is in a state where it is permissible for him to marry her now, what do we give him? Proof of the contract. If she is not permissible for him now, we do not give it to him. We gave you an example of a man who married a woman during her waiting period and then came to us to prove the contract. If he comes to us after the waiting period has ended, we give it to him because the waiting period has ended and she is now in a state where it is permissible to marry her. Do we give it to him and repeat the contract, or without repeating it? Without repeating it. If he comes to us while she is in the waiting period, we say, "We do not give it to you, and it is not valid for you to marry her now. Wait until the waiting period ends, then marry her." Okay, and if a Zoroastrian married his sister and then came to us to prove the contract, do we prove it or not? Why? Because she is not permissible for us. His sister cannot be permissible for him under any circumstances. That is why he mentioned the second issue, saying, "Or if the husband and wife convert to Islam and the woman is permissible, then we ratify it." If the husband and wife convert to Islam and the woman is permissible, they are ratified. Otherwise, they are separated. An example of this is a man who married a woman during her waiting period and then converted to Islam. What do you say? There is a distinction. If he converted before the waiting period ended, we separate them. If he converted after the waiting period ended and he believed it to be a marriage, we do not separate them. Why did we distinguish in the ruling? Because if she is in the waiting period, she is not permissible for him now. If the waiting period has ended, she is permissible for him now. Okay, if a Zoroastrian married his daughter and the daughter also converted to Islam, do we ratify that for them? No. Why? Because the marriage is not permissible now. Unlike the waiting period, where if it has ended, we do not accept the marriage.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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