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Resolutions of Iftaa' Board

Resolution No.(144): "The Jordanian Personal Status Draft Law/2010"

Date Added : 02-11-2015

Resolution No.(144)(9/2010) by the Board of Iftaa`, Research and Islamic Studies:

"The Jordanian Personal Status Draft Law/2010"

Date: 16/6/1431 AH, corresponding to 30/5/2010 AD.

 

During its sixth session held on the above date, the Board reviewed the Jordanian Personal Status Draft Law.

After thorough studying and deliberating, it decided what follows:

The above draft law is derived from the provisions of Islamic Sharia with its four Madhabs (Schools of thought), and achieves its goals related to the family rules through protecting the rights of women, family, and children, in general; therefore, the Board recommends going on with its constitutional procedures until it is ratified.

Moreover, the Board appreciates the sincere efforts of the Supreme Judge, the Sharia Judiciary Commission and all the people that have participated in drafting this law. We pray that Allah, The Almighty, favors Islam and Muslims with success and progress. All success is due to Allah.

 

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-has`sanat

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Summarized Fatawaa

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

Is it permissible for a person who has to make up for missed fasts to fast six days of Shawwal (the month directly after Ramadan) before making up for the missed fasts?

Yes, it is permissible for him/her to do so, but it is better that they make up for missed fasts first. And Allah Knows Best.

Talking to one's fiancée in Ramadan with romantic talk may lead to arousal, and if pre-ejaculate fluid (Madhy) is discharged as a result, it does not break the fast. However, it is advised to avoid actions that provoke desire and lead to this outcome. If semen (Mani) is discharged as a result, it does break the fast.
 
 
 
 
 

 

 

 

The discharge of Madhy doesn't invalidate one's fasting but it invalidates the ablution and his clothes must be washed because they are impure in this case. As for Mani, it breaks one's fast and making up invalidataed  is obligatory, beside; a Muslim suitor should abstain from these matters during Ramadan and not to degrade the holy month to this extent. And Allah Knows Best.

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