Fatwa's Insights

THE 78TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2026

9 - 10 FEBRUARY 2026 / 21 - 22 SYAABAN 1447H

FATWA ON THE MARRIAGE OF NON-MUSLIM SPOUSES WHEN ONE OF THEM EMBRACES ISLAM

If a husband or wife embraces Islam while the other spouse does not, several situations arise:

1. If the spouse is among those with whom marriage is prohibited, such as a sibling, mother, foster-sibling, or others of similar prohibitive relation, the marriage is dissolved immediately.

2. If the one who embraces Islam is the husband while his wife is from the People of the Book (ahl al-kitab), then the marriage may be maintained.

3. If the one who embraces Islam is the wife, or the husband whose wife is not from the People of the Book, then the marriage is not immediately annulled; rather, it remains in suspension until the end of the wife’s waiting period. If during that period the other spouse embraces Islam, the marriage continues as originally contracted without the need for a new matrimonial contract. During this period, the wife must prevent sexual intercourse. This is the view of the majority of scholars, and it is the more precautionary opinion.

4. If, in certain circumstances, there is a need for the marital bond to be maintained for a longer period in order to avoid harm or extreme hardship for the couple, then the marriage may be maintained until such time as there is no longer any reasonable hope that the other spouse will embrace Islam.

PRESENCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim
3. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle
4. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Professor Dr. Azman bin Mohd Noor
6. Sahibul Fadhilah Assoc. Prof. Dr. Mohd Akram bin Dato' Dahaman @ Dahlan
7. Sahibul Fadhilah Dr. Hj. Zaharuddin bin Hj. Abdul Rahman
8. Sahibul Fadhilah Assoc. Prof. Dr. Ahmad Wifaq bin Mokhtar
9. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah
10. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin
11. Sahibul Fadhilah K.H. Dr. Zaitun bin Rasmin
12. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin
13. Sahibul Fadhilah Ustaz Burhanudin bin Lokman
14. Sahibul Fadhilah Dr. Muhammad Luthfi bin Mohammad Masruh
15. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 2/2026 on 12 March 2026.

THE 77TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2025

1-2 DECEMBER 2025 / 10-11 JAMADIL AKHIR 1447

FATWA ON THE BIOLOGICAL SON AS MARRIAGE GUARDIAN (WALĪ) FOR HIS MOTHER

The Fatwa Committee of Perlis agrees to adopt the opinion of the majority of scholars that a biological son who has attained puberty and is of sound mind may serve as the marriage guardian for his mother.

The position of the biological son in the order of guardianship is immediately after the woman’s father. If there is difficulty, impediment, or any factor that delays the marriage due to using the father as wali, then the biological son may act as the marriage guardian for his mother.

The eligibility of a son to act as the marriage guardian for his mother shall be assessed and determined by the ruling authority.

PRESENCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim
3. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle
4. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Professor Dr. Azman bin Mohd Noor
6. Sahibul Fadhilah Assoc. Prof. Dr. Mohd Akram bin Dato' Dahaman @ Dahlan
7. Sahibul Fadhilah Assoc. Prof. Dr. Ahmad Wifaq bin Mokhtar
8. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin
9. Sahibul Fadhilah K.H. Dr. Zaitun bin Rasmin
10. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin
11. Sahibul Fadhilah Ustaz Burhanudin bin Lokman
12. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 6/2025 on 4 December 2025.

THE 74TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2025

1–2 JULAI 2025 / 5-6 MUHARRAM 1447

THE RULING ON THE FREEZING OF THE SPERM AND OVUM CELLS OF HUSBAND AND WIFE FOR THE PURPOSE OF OBTAINING OFFSPRING

The ruling on freezing sperm and ovum cells from an individual, whether before or after marriage, for insertion into the womb of a lawful wife during the subsistence of a valid marriage with the purpose of obtaining offspring is permitted, subject to the following conditions:

i. Confirmation by a medical specialist that it is an effective method for obtaining offspring and that there exists a genuine need for undertaking the procedure,

ii. The processes of fertilisation and insertion into the womb take place during the period of a valid marriage and during the lifetime of the spouses, not before or after the termination of the marriage or death,

iii. There is certain and reliable assurance that the sperm and ovum are from the lawful spouses, and not merely presumptive. This is ensured by referring to a valid identification process,

iv. Each time the fertilised gamete cells are to be inserted into the wife’s womb, it must be done with the consent of both husband and wife.

PRESENCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim
3. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim
4. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle
5. Sahibul Fadhilah Dr. Hj. Zaharuddin bin Hj. Abdul Rahman
6. Sahibul Fadhilah Professor Dr. Azman bin Mohd Noor
7. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah
8. Sahibul Fadhilah Assoc. Prof. Dr. Ahmad Wifaq bin Mokhtar
9. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin
10. Sahibul Fadhilah K.H. Dr. Zaitun bin Rasmin
11. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin
12. Sahibul Fadhilah Ustaz Aidil bin Abdul Rahman
13. Sahibul Fadhilah Ustaz Burhanudin bin Lokman
14. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 4/2025 on 15 July 2025.

THE 74TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2025

1–2 JULAI 2025 / 5-6 MUHARRAM 1447

THE DETERMINATION OF THE MEANING OF QURŪʾ (قروء) FOR THE PURPOSE OF THE WAITING PERIOD (ʿIDDAH)

1. The meaning of the term qurūʾ (قروء) in the Qurʾān has given rise to a difference of opinion among scholars, with both sides having adduced their respective evidences.

2. The opinion that qurūʾ (قروء) refers to the menstrual period and the opinion that it refers to the period of purity are both recognised and authoritative.

3. After considering the public interest in the context of the implementation of matrimonial law in the State of Perlis, the Fatwa Committee resolves that the term qurūʾ in Perlis legislation shall mean the period of purity.

4, If a husband pronounces divorce upon his wife during her period of purity — whether in accordance with the Sunnah (ṭalāq sunnī, whereby he has not had sexual intercourse with her during that period of purity) or in a reprehensible manner (ṭalāq bidʿī, whereby he has had sexual intercourse with her during that period of purity) — the divorce is nonetheless effective.

5. The count of the periods of purity begins from the period of purity during which the divorce was pronounced. This means that the waiting period (ʿiddah) concludes upon the onset of the third menstrual period.

6. A husband must be aware that it is prohibited and sinful to pronounce divorce upon his wife during her menstrual period, or during a period of purity in which he has had sexual intercourse with her.

PRESENCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim
3. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim
4. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle
5. Sahibul Fadhilah Dr. Hj. Zaharuddin bin Hj. Abdul Rahman
6. Sahibul Fadhilah Professor Dr. Azman bin Mohd Noor
7. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah
8. Sahibul Fadhilah Assoc. Prof. Dr. Ahmad Wifaq bin Mokhtar
9. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin
10. Sahibul Fadhilah K.H. Dr. Zaitun bin Rasmin
11. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin
12. Sahibul Fadhilah Ustaz Aidil bin Abdul Rahman
13. Sahibul Fadhilah Ustaz Burhanudin bin Lokman
14. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 4/2025 on 15 July 2025.