guidance has become clear to him and follows a path other than that of the believers, he must be called upon to repent. If he repents, well and good; otherwise, he is to be put to death.

It has thus become clear that whoever rejects the fatwa that the divorce does not take effect, claims consensus that it does take effect, and declares the child to be a child of fornication is himself contradicting the consensus of the Muslims, the Book of Allah, and the Sunnah of the Messenger of Allah, the Lord of all worlds. Anyone who issues such a fatwa or judicial ruling has done something impermissible by the consensus of the Muslims. By agreement of the Muslims, no one has the right to prohibit fatwas expressing the opinion that the divorce does not take effect or judicial decisions based on that opinion, or to rule that either is forbidden. Such judgments are invalid by the consensus of the Muslims.

All praise belongs to Allah, the Lord of all worlds. May Allah bestow abundant blessings and peace upon our master Muhammad, his family, and his Companions. There is neither might nor power except through Allah, the Most High, the Almighty.

He—may Allah have mercy on him—was asked:

A man’s former wife, six years after their divorce and after marrying another husband, brought a claim against him asserting that a girl was his daughter. A judge required him to swear an oath. The man said, “I will swear that this girl is not my daughter.”

The judge said, “You must swear that she is not her daughter.” The man refused to swear anything other than, “She is not my daughter.” Someone accompanying him said to the judge, “It is not lawful for this man to swear that she is not this woman’s daughter.” The judge struck him with a rod and treated him harshly. The man then swore the oath, and the judge recorded an order imposing financial provision for the girl upon him. Is this order valid?