Ruling on marriage to an uncircumcised man
Fatwa No: 30571

  • Fatwa Date:21-1-2014 - Rabee' Al-Awwal 20, 1435
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Question

In the Name of Allaah, The Most Merciful, The Ever Merciful
Assalaamu Alaykum,
What is the Sharee‘ah ruling on marriage to an uncircumcised man? Indeed, before he converted to Islam, he was a Christian. If this marriage is concluded, then, what should be done?Another question: a man killed a woman in a car accident about seven years ago, and now he likes to make expiation for his mistake by feeding instead of fasting, is it permissible? May Allaah Reward you.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The ruling on circumcision is debatable among scholars. The Shaafi‘i and Hanbali scholars of Fiqh, in their adopted opinion, went as far as to make circumcision obligatory for men and women, once they attain the age of puberty (at maximum), although it is recommended to be done during childhood up to the age of discernment for it is then easier and swifter to heal. The sound opinion of the Shaafi‘i scholars, according to which they issue Fataawa, is that it is recommended to be done on the seventh day of the child's birth.

But the Hanafi and Maaliki scholars adopt the opinion that it is an act of the Sunnah for both men and women.

Based on that, if the person is convinced of its being an act of the Sunnah, there will be no blame on him, and the woman should not reject him simply because of that. But if he is convinced that it is unlawful, and thus he leaves it intentionally, he will then be sinful, and in this case, the woman has the right to refrain from marrying him.

As for him who killed a Muslim person by mistake, be it a man or a woman, two things are due on him:

First: the Diyah (blood money) unless it is given up by the deceased's family (the blood claimants).

Second: the expiation, which is to free a believing slave. If this is not available (or he could not afford it), let it be to observe fast of two months consecutively. If he could not do it, no expiation would be required from him, and no feeding is due on him, according to the majority of scholars, and that is the preponderant opinion.

Allaah Knows best.

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