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Resolutions-of-Islamic-Fiqh-Council-1

Resolutions-of-Islamic-Fiqh-Council-1

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The <strong>Islamic</strong> <strong>Fiqh</strong> <strong>Council</strong>, after review <strong>of</strong> what he hasmentioned, decided the following:First:The <strong>Council</strong> expresses its thanks to Sheikh Abul Hasan Al-Nadwi and Brother Abdul Qadir for what they have done to raisethis issue, and their religious concern to fight this bad custom. Italso expressed its hope that they would continue their fightagainst this custom and other bad customs. It prayed to AlmightyAllah for them as well as for all Muslims in order to bless themwith success and reward them for their endeavour.Second:The <strong>Council</strong> advises Brother Abdul Qadir and others thatsuch a marriage though it is contrary to the marriage conductedin the light <strong>of</strong> the <strong>Islamic</strong> Shari’ah, however, it is a validmarriage according to majority <strong>of</strong> the <strong>Fiqh</strong> scholars.Nevertheless, few scholars have objected to its validity if doweris not stipulated in the marriage. The children born out <strong>of</strong> thismarriage are legitimate children and they legally belong to theirfathers and mothers in the light <strong>of</strong> the <strong>Islamic</strong> Shari’ah. This isthe consensus <strong>of</strong> <strong>Fiqh</strong> scholars. Even those who object to thevalidity <strong>of</strong> such marriage, because dower is not stipulated in it,have said in their books that children out <strong>of</strong> this marriage wouldbe attached to their fathers and mothers.Third:The <strong>Council</strong> decided that such custom is an evil and a badpractice that is contrary to the Qur’an and the Sunnah as well asto the consensus <strong>of</strong> <strong>Fiqh</strong> scholars. It is also contrary to thepractice <strong>of</strong> Muslims throughout their history.As regards the evidence from the Qur’an, so Almighty Allahsays: “And give the women (on marriage) their dower as a free184

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