Message No : 14Sr.No : 181/724
Question By : Dr. Raza

Molana Qasmi saheb Assalamoalakum
Can I request you to throw some light on the dormance of embryo in holy Qoran
"Amina gave birth within two years of divorce, so the presumption is that the child belongs to her former husband," he said, arguing that Sharia recognises that an embryo can lie dormant for up to five years"

Is there any such information in Qoran shareef
Dr Raza

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumossalam
Dear Brother in Islam,
The answer to your question is as follows:

To cast a cursory glance at different kinds of Talaaq (divorce) may help one to understand the case referred to the above-question. The kinds of Talaaq are stated herein:

Talaaq is of three types; RajaˇŻee, Baayin and Mugallizah.

RajaˇŻee is to pronounce one or two Talaaq using clear words. After uttering this kind of Talaaq, the marriage bond does not break wholly till the Iddah (waiting period) completes. During the Iddah, a husband has option to retain his wife or not. If the husband revokes his Talaaq taking his wife back in marriage bond whether verbally or touching, kissing and having sex with her, she will become his wife and there would be no need of remarriage. But if the Iddah passes and the husband does not take her back in his marriage, the divorce will become effective and the marriage will be rescinded. After that, both the husband and wife cannot cohabit without remarriage. If they agree to live together again and remarry, the husband will have authority of only the remaining Talaaq out of three e.g. if he has pronounced one Talaaq, then after remarriage he will possess two Talaaq and if has pronounced two then after remarrying he will have authority of only one Talaaq.

Baayin is divorcing oneˇŻs wife in vague and unclear worlds or using adjective with the words of Talaaq to express more meaning such as; I give you severe divorce, long divorce and like these adjectives. As soon as one pronounces Baayin divorce, the marriage bond between husband and wife breaks. And they cannot meet one another without remarriage.

Mughallazah is to divorce three divorces. After these divorces, wife becomes Haraam (unlawful) for her husband. If they want to live together again, they cannot until she marries someone else and has sexual intercourse with him. Now, if the second husband dies or divorces her, she can remarry the first husband after completing the Iddah.

Islam puts a very cautious step about declaring a child as an illegitimate. It furnishes an important rule in this chapter that when a married woman gives birth to a child it will be presumed to be from her husband. Only on the basis of doubt calling a child illegitimate is not permitted. But he who calls so will be lashed in an Islamic state.

As per Islamic code, no child can be born before six months nor can it remain in the womb of a woman for more than two years. This is because; the minimum period of pregnancy is six moths and maximum two years. (Shami Faslun Fee Subootin-Nasab Vol: 2/676) Therefore, when a woman who has been given RajaˇŻee Talaaq, gives birth within two years of Talaaq, the child is legitimate and belongs to the former husband of that woman. As well as the child will belong to the former husband when she gives birth to a child at two years or afterwards and she has not declared the end of Iddah after the normal period. Since, intercourse is permitted after RajaˇŻee Talaaq. Therefore, it will be presumed that the husband had intercourse during the Iddah and the duration of Iddah has extended. But if she declares the end of Iddah or accepts that the child is from someone else, then of course the child is illegitimate.

A husband who divorces his wife Baayin or Mughallazah Talaaq and she gives birth to a child within two years of Talaaq, the child is from the same husband. And if the child is born at tow years or afterwards, it will be illegitimate. This is because, intercourse is not permitted after Baayin and Mughallazah Talaaq. Therefore, the delivery at two years or afterwards shows that the intercourse took place after Talaaq and the child is born out of this intercourse. So, the child will not belong to the former husband. But if the husband acknowledges the child as his own, then it will belong to him. For, it will be presumed that the husband doubtfully had intercourse during the Iddah period. (Shami Faslun Fee Subootin-Nasab Vol: 2/677, Hidayah Babo Subootin-NasabVol 2/410)

And Allah knows the best,

Certified by

Muhmmadullah Khalili Qasmi



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