Rulings on Marriage, - * Is artificial insemination regarded as taking back a wife who is revocably divorced?

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Editor,Publisher NAJIMUDEEN.M-INAIA

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Is the process of having test-tube babies or artificial insemination regarded as taking back a wife who has been divorced once? Artificial insemination or test-tube babies, as you know, involves taking an egg from the woman laproscopically, and taking semen from the man by means of masturbation, then sending them to the lab, where the semen is added to the woman’s egg in a test-tube. Can this process be regarded as taking back the wife, especially since they will return the egg, after fertilisation, to the woman’s uterus by means of another laparoscopic procedure? If pregnancy occurs, will her ‘iddah last until she gives birth, or is this regarded as taking her back?
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Praise be to Allah.
Firstly:
There are several problems with artificial insemination, and taking this matter lightly leads to serious negative consequences. It is essential for both partners to be cautious with regard to this matter and to ensure that this procedure is done by trustworthy medical professionals.
Please see the answer to question no. 3474
Secondly:
The scholars differed concerning taking back the wife when her ‘iddah has not yet ended: is that accomplished just by doing the deed, or is it essential to speak words to that effect, as at the beginning of marriage?
It says inal-Mawsoo‘ah al-Fiqhiyyah(22/9-12):
The fuqaha’ are unanimously agreed that taking back the wife is valid if words are uttered to that effect, such as if he says to his (revocably) divorced wife before the ‘iddah ends, “I take you back” or any other words to that effect.
With regard to taking back the wife by means of actions:
The Hanafis are of the view that intercourse and things that precede it are valid for taking the wife back. The Maalikis are of the view that taking the wife back is valid in the form of actions such as intercourse and things that precede it, on condition that the husband intends by these actions to take his wife back.
According to the Shaafa‘is, taking back the wife in the form of actions is not valid in any circumstances, whether it is done by intercourse or the things that precede it, and whether or not the action is accompanied by the husband’s intention to take her back.
The Hanbalis differentiated between intercourse and the things that precede it, with regard to the validity of taking the wife back. In their view, taking the wife back in the form of intercourse is valid, but not in the form of things that precede intercourse.
End quote.
The most correct scholarly opinion concerning this matter is that taking the wife back may be done by actions, if the intention is to take her back. However, if he does not intend to take her back, then that cannot be done merely by actions.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
He may take her back by uttering words, so he may say: I take my wife back. Or he may take her back by means of actions, so he may have intercourse with her with the intention of taking her back.
End quote fromFataawa Islamiyyah, 3/423
See also the answer to question no. 101702
Thirdly:
Based on the above, if the husband intends to take his wife back, then it is permissible for them to undergo artificial insemination, and it is sufficient for them to go ahead with this procedure, if the husband intends thereby to take his wife back. It is not stipulated that he should take her back by uttering words, although that is preferable and more on the safe side.
If he has taken his wife back by his words or by his actions accompanied by the intention, then her ‘iddah has ended, because she is no longer regarded as divorced; rather she has gone back to being truly married. So there is no need to consider her ‘iddah or how it will end, unless he divorces her again.
But if he did not intend to take his wife back, it is not permissible for him to go ahead with artificial insemination with her when she is divorced from him, because artificial insemination is only permissible with one’s wife, and merely doing artificial insemination without the intention of taking her back does not constitute taking her back.
And Allah knows best.

Comedy

நண்பன் 1; கனவுக்கன்னி, கை நிறைய பணம், பெரிய வீடு, பென்ஸ் காரு எல்லாம்
நான் நினைச்சது மாதிரியே என் வாழ்க்கையிலும் நடந்துச்சு..
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அப்புறம் தான் அந்தக்
கொடுமை நிகழ்ந்தது..
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நண்பன் 2 ; ஐய்யோ.. என்னாச்சு..?
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நண்பன் 1 ; எல்லாம் என் பொண்டாட்டிக்கு தெரிஞ்சு போச்சு...!!!!

Wishes

Happy/Merry Christmas is Eid Milad Majid (عيد ميلاد مجيد) which means 'Glorious Birth Feast' or you could say Kul 'am wa enta bi-khair which means 'may every year find you in good health'.

Rulings on Marriage, - * She does not haveany wali (guardian) forthe purpose of marriage; can the director of the Islamic centre or her maternal uncle give her in marriage?

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Im 19 years old girl from Finland. I'm muslim alhamdulillah and so is my mother but my father is a finnish non-muslim. I have one boy here in Finland who is very very willing to convert to islam soon and we would like to marry each other, of course only when he has sincerely converted. My problem is that as my father is non-muslim and so are all of his relatives and i don't have any brothers, i don't have any mahram here who could be my wali. I have three uncles but they all live in Turkey and have never visited us here in Finland. And only one of them is regular with his prayers. So I would like to ask that when I'm going to marry do I have to travel to Turkey and appoint the only uncle who is praying as my wali or is it allowed that I appoint an imam at the mosque/islamic centre here in Finland to be my wali. I appreciate if you can answer.
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Praise be to Allah
Firstly:
One of the conditions of marriage being valid is the presence of a wali; it is not permissible for a woman to give herself in marriage without a wali. If she does get married without a wali, then her marriage is invalid.
There is no guardianship of a disbeliever over a Muslim woman in any circumstances, according to scholarly consensus.
Please see the answer to question no. 48992.
Secondly:
Guardianship in the case of marriage belongs to the ‘usbah or male relatives on the father’s side; this includes the father, the (paternal) grandfather, the son, the brother and the paternal uncle.
With regard to relatives on the mother’s side, they are not ‘usbah, and they cannot be guardians in the case of marriage. The maternal uncle does not come under the heading of ‘usbah, so he cannot be a guardian in the case of marriage.
But there are some cases in which the maternal uncle may act as the guardian in the case of doing the marriage contract. These cases are:
1. When the wali has appointed him to do that on his behalf.
2. When the marriage contract has already been done, and it has been officially documented in a Muslim country that follows the scholarly view that it is permissible for a maternal uncle to give his sister’s daughter in marriage, or the view that it is permissible for a woman to get married without a wali (guardian).
Please see questions no. 152595, 153602
Thirdly:
If the woman does not have any wali who can give her in marriage, then that role may be filled by the Muslim qaadi (judge), if there is one. If there is no qaadi, as is the case for Muslim communities living in the West, then the director of the Islamic centre may give her in marriage.
If there is no director of an Islamic centre, then the imam of the mosque, or a scholar, or a Muslim man of good character may give her in marriage.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
If the woman is in a country where there is no wali – no brother, no father, and no paternal cousin – then the ruler takes the place of the wali; her wali is the ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the wali of the one who does not have a wali.” So the ruler takes the place of her wali and becomes her wali; he may give her in marriage or appoint someone else to give her in marriage. If she is in a land where there is no (Muslim) ruler, qaadi or wali, as in the case of Muslim minorities in non-Muslim countries, then the director of the Islamic Centre may give her in marriage, if there is an Islamic centre, because his position is like that of the ruler for them. The director of the Islamic Centre may look at her case and give her in marriage to one who is compatible, if she does not have any guardians of her own and there is no qaadi. If the wali lives far away, he should be corresponded with ot spoken to until he appoints someone as his proxy (wakeel). But if it is not known where he is, then the next closest wali takes his place; the one who is most closely related to him takes his place. If she has no wali except this absent one whose whereabouts is unknown, then the ruler takes his place.
http://audio.i slamweb.net /audio /index.php?pa ge=FullConten t& audioid=2904 08
In conclusion:
The director of the Islamic centre in that country may take the place of the ruler, and the guardianship of the ruler in the case of marriage is an Islamically-acceptable kind of guardianship, if there is no wali who is a male relative on the father’s side (‘usbah). You do not need to travel to your maternal uncle in order for him to give you in marriage himself.
If this man becomes Muslim because he genuinely wants to follow the religion, and his Islam is real, then there is nothing wrong with the marriage contract being done by the director of the Islamic centre in the place where you live.
And Allah knows best.